The main legal point established in the judgment is that the notification issued under Section 10 of the CLRA Act must be applicable to the specific establishment in question, and issues of reinstatement, regularization, and payment of difference of wages must be incidental to the reference made to the Labour Court.

( 1 ) THE petitioner assails the award dated april 2, 1992 passed by the Industrial tribunal-Cum- Labour Court, Jabalpur in the present petition.

( 2 ) THE question referred to the Industrial tribunal-cum-Labour Court has been answered against the petitioner and it has been directed that the concerned workmen of the respondent Association are entitled to claim status of direct workmen of the petitioners, to be regularized and consequently reinstated with all other benefits arising out of the reinstatement except back wages. It has also been directed that difference of wages for the period of May, 1985 to January, 1987 in accordance with the National Coal Wage agreement-III (hereinafter referred to as "ncwa-III") be paid to the respondents.

( 3 ) BEFORE I delve into the factual and legal aspect of the case, it is apposite to mention that this Court vide interim order dated october 13, 1992 had stayed the operation of the award subject to the condition that the petitioner either reinstates the concerned workmen or pays them wages in lieu thereof in terms of Section 17-B of the Industrial disputes Act, 1947 (hereinafter referred to as "the Act")- It had also been ordered that part of the award which directs payment of difference of back wages shall not remain stayed. It is informed by the learned counsels appearing for the parties that pursuant to the interim order passed by this Court the petitioner has reinstated the concerned workmen with a clear and specific condition that the reinstatement would be subject to the decision of the present petition. ( 4 ) THE facts of the case as stated by the learned counsel for the parties are that the petitioner entered into an agreement with one shri Ashok Kumar Patni for earth work in open excavation for proposed Beharaband Pilot mine of the petitioner at Bijuri Sub-Area for the construction of two inclines. The earth work had to be completed by the contractor Shri ashok Kumar Patni within two months from the date of the agreement, i. e. , from May 10, 1985 to July 9, 1985. However, subsequently the period was extended from time to time to nearly a period of about two years. The contractor executed the contract by engaging 46 workers, some time in January, 1987 the workmen were disengaged and therefore, they filed appropriate applications under the provisions of the Act. On failure of conciliation the Central Government vide notification dated january 3, 1989 referred the matter for adjudication to the Labour Court. The terms of reference were as under:"terms of Reference: whether the execution of earth work in open excavation for proposed Beharaband Pilot project of Bijuri Sub Area through contractor workers fell in the categories of operation in coal mine in which employment of contract labour is prohibited by notification No. S. O. 488, dated February 1, 1975 of Government of India. If so, whether, the workmen employed by Shri ashok Kumar Patni, Contractor, engaged by the management of Bijuri Sub-Area for the purpose of earth work in open excavation for proposed Beharaband Pilot project at Bijuri Sub-Area of SECL, can legally claim the status of direct workers employed by the management Bijuri sub-Area of Hasdeo Area of SECL? If so, to what relief these workers are entitled and from what date ?"

( 5 ) THE Labour Court vide the impugned award dated April 2, 1992 answered the reference in favour of the respondents workmen and held that they were legally entitled to claim the status of direct workers employed by the management of Bijuri Sub area of Hasdeo Area of South Eastern Coal fields. It also directed reinstatement and regularization of the respondents' workmen with all benefits except back wages. However, difference of wages from May, 1985 to january, 1987 in respect of NCWA-III was also awarded by the Labour Court. The petitioner being aggrieved by the award has filed the present petition. ( 6 ) THE contentions of the learned senior counsel Shri P. S. Nair, appearing fo