Ajay Rastogi, J. - (1.) These appeals arise from the judgment dated 6th September, 2010 passed by the Division Bench of the High Court of Madhya Pradesh in Writ Petition No. 10963 of 2009 and 12485 of 2009 setting aside the award passed by the Central Government Industrial Tribunal(CGIT), Jabalpur dated 16th September, 2009 answering the reference in the affirmative form and directing the contract labourers who were in the employment of SAIL from 1993 till 1996(17th March, 1993 to April 1996) to be reinstated, and their cases be considered for regularisation in accordance with Para 125 of the Judgment of this Court in Steel Authority of India Ltd. and Others Vs. National Union Waterfront Workers and Others, 2001 7 SCC 1 declining to grant them back wages.
(2.) The case involves a chequered history and almost after four rounds of litigation, the matter has reached at a stage where the reference was made by the appropriate Government under Section 10(1) of the Industrial Disputes Act, 1947 to decide the industrial dispute raised by the Union, namely, Ispat Khadan Janta Mazdoor Union vide notification dated 27th January, 2003 followed with 22nd February, 2005.
(3.) The seminal facts in brief which may be relevant for the present purpose are that the appellant Steel Authority of India Limited (hereinafter being referred to as SAIL ) is a Government of India undertaking and is a State within the meaning of Article 12 of the Constitution of India and has steel plants in different parts of India. SAIL has one of the captive lime stone and dolomite mines in Kuteshwar in the District of Katni of Madhya Pradesh. Limestone and Dolomite are necessary ingredients for manufacture of steel. The SAIL did blasting work as this work had been departmentalised vide Notification dated 15th December, 1979 w.e.f. 22nd June, 1980. The contract labour of the contractors at Kuteshwar Lime Stone Mines were doing the same jobs as enumerated in schedule of the prohibition Notification No. S.O. 707 dated 17th March, 1993 issued under Section 10(1) of the Contract Labour(Regulation & Abolition) Act, 1970 (hereinafter referred to as CLRA Act ).;