Judgment

With consent of learned counsel for the parties, the petition is heard finally.

2. Petition is directed against the order dated 16.1.2007 passed by the Industrial Court; whereby, an appeal under section 65 of the Madhya Pradesh Industrial Relations Act, 1960 filed by petitioner has been dismissed upholding the order passed by the Labour Court on 20.6.2005.

3. Facts briefly are that the members of respondent No. 1 -Union engaged initially for 89 days with the petitioner establishment were regularized in October, 1995. However, by order No. @ Hindi @ the order of regularization was cancelled on the ground that mistakenly the workmen were regularized against the post reserved for scheduled castes and scheduled tribes and that without following the procedure laid down in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (for short 'the Adhiniyam of 1994').

4. Aggrieved, the respondent-Union raise the dispute by filing an application under section 31 (3) read with section 61 of the Madhya Pradesh Industrial Relations Act, 1960, challenging the order of deregularisation on the ground that no opportunity o