Both the writ petitions have been preferred by the works contract labourers engaged on daily wage of Rs.47.21 by the Oil India Ltd, respondent No.2, for regularisation of their services and for payment of equal wages with their counter part as detailed in Annexure H of both the writ petitions vis-a-vis for quashing the Govt order communicated vide letter dated 23.11.94 refusing to refer the matter to the Industrial Tribunal.

2. The petitioners' case is that although they are working as works contract labourers under various contractors, in fact they are the direct workmen under the Oil India Ltd for all intent and purposes and working as such without any interruption for the last several years discharging various functions of perennial nature. The petitioners are also members of Oil India Workers Association and the said Association espoused the cause of the petitioners for regularisation of their services. The Oil India Ltd entered into an agreement with Asom Tailo Thikadari h Shramik Santha and regularised the services of workers who are members of the said Association to the exclusion of the petitioners and other workers limilarly situated. According to the petitioners, this is a

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