( 1. ) THESE 54 petitioners, working as daily rated employees, have filed this petition for regularisation of their services. Respondent No. 1, National Mineral Development. Corporation Ltd. is a Government company registered under the Companies Act. It is wholly owned and controlled by the Government of India. The company has establishments at various places, including Bailadila Iron Ore Project, Diamond Mining Project, Panna and Donimalai Iron Ore Project, Karnataka. About 10 Trade Unions are functioning in these projects. All these Unions have formed themselves into a federation, called "all India NMDC Workers Federation". Respondent No. 2, Diamond Mining Project, Panna is one of the establishments of Respondent No. 1 and is engaged in mining and processing of diamond by open cast system, with the development of earth moving machineries. Diamond bearing rock is processed in an ore dressing plant through the system of crushing, grinding and winning of diamond with gravity concentration. Prior to 1981, the project was operating two mines at Ramkheria and Majhgawan. Due to uneconomical operations, Ramkheria mine was closed on 16-1-1981 and 68 of its regular and 25 daily rated workers were transferred to Majhgawan mine. According to the petitioners, they are working as daily rated workers with Respondent No. 2 since 1970-71 and they have put in 9 to 15 years of service. The nature of work performed by them is similar to the work done by the regular workers. While the petitioners are paid daily wages of Rs. 11. 60 to Rs. 13. 50 per day, the regular workers are paid salary of Rs. 1,281/- to Rs. 1,355/- per month. Besides, the regular workers are entitled to certain other benefits, like dearness allowance, house rent allowance, L. T. C. , medical allowance, conveyance allowance, festival allowance, benevolent provident fund, group insurance scheme, family pension and leave encashment facilities, which are denied to the daily rated workers. In a social welfare State, injustice is being done to the petitioners and they are being discriminated by treating them as daily rated workers, although they are discharging the same duties as are being done by the regular workers and there is violation of the principle of equal pay for equal work.

( 2. ) THE petition is being opposed by the respondents, firstly, by saying that it being an industrial dispute, there is an alternative remedy available under the Industrial Disputes Act, 1947. Besides, the disputed questions of fact cannot be gone into in a writ petition. The All India NMDC Workers Federation gave a strike notice on 24-4-1974 and there was a conciliation and a settlement was arrived at on 15-21976 in respect of daily rated workers also. This settlement was terminated by the Federation and afresh settlement was arrived at on 23-8-1980 in respect of daily rated workers also. There was subsequent settlement on 17-9-1983. As per the last settlement, the daily rated workmen, on the date of signing of the settlement, would be eligible for an increase of Rs. 2. 50 per day over their daily rates of wages and the wages would be further increased by 45 paise per day on 1-9-1983, 1-9-1984 and 1-9-1985 and depending upon the needs and requirements of the Corporation, the existing daily rated workmen would be considered for regularisation for jobs other than those in which they are engaged on daily wages, provided they fulfill the job specifications and necessary tests. In pursuance of this settlement, higher daily wages have been paid to the daily rated workmen and the respondents are gradually absorbing the daily rated workmen as regular workmen depending upon the availability of the posts. The diamond project is running at a loss and there is surplus staff since 1970. The management made a voluntary retirement scheme, transfer to sister projects and appointments in Central Industrial Security Force, to reduce the surplus staff. In all 530 of them have taken voluntary retirement in 19