JUDGMENT :

The reference

1. The Oswal Sarakarakhana Shramika Sangha Trade Union (hereafter ‘Union’) has filed this petition challenging an Award dated 4th May, 2011 passed by the Industrial Tribunal, Bhubaneswar (Tribunal) in Industrial Dispute (ID) Case No.15 of 2002, answering the reference made to it of the following dispute in favour of the First Party-Management and against the Second Party-Union:

“Whether the workmen engaged in M/s. OSWAL Chemicals and Fertilisers Ltd., Musadia, Paradeep through M/s.Balaji Traders (list furnished by the L&E Deptt. vide Letter No.9854 dtd. 17.8.2002) are entitled to absorption in M/s. OSWAL Chemicals and Fertilisers Ltd., Musadia, Paradeep on expiry of contract on dt. 31.8.2001 or entitled to absorption/engagement under new contractors establishments entrusted with the execution of the said work?”

2. The Union is stated to be espousing the cause of 1139 Workmen, who were engaged to work in the fertilizer plant of OSWAL Chemical and Fertilizers Limited (OCFL) (Opposite Party No.2 herein) at Paradeep from 1997 onwards. The case of the Union was that the aforementioned 1139 workers were directly engaged by OCFL during the years 1997 to 2000 in a per