1. The Management of the Bharat Coking Goal Limited, the petitioner in W.P.(L) No. 3015 of 2001, is the appellant in this appeal. At the instance of the workmen, represented by Respondent No. 1 herein, the dispute, "whether the demand of the Bihar Colliery Kamgar Union for regularization of Shri Sunder Dusadh and 26 others on the roll of Loyabad Coke Plant of M/S BCCL is justified ? If so to what relief the workmen are entitled ?", was referred to the Industrial Tribunal. According to the workmen, they were really workmen under the Management of M/S BCCL and they were entitled to be treated as such. The Management took the stand before the Tribunal that they were not their workmen. The Tribunal, after discussing the relevant aspects passed an Award to the following effect:

"That the demand of the sponsoring union for regularization of Shri Sunder Dusadh and 26 others as per list annexed to the reference order on the roll of Loyabad Coke Plant of M/S BCC Ltd. is justified and the concerned persons are entitled to wages prescribed under NCWA. But considering the financial condition of M/S BCC Ltd, there will be no order as to back wages. The management is directed to regularize t