- (1.) An industrial dispute between M/s. Indian Iron & Steel Company Limited, Burnpur Works (hereafter the company) and their workmen represented by ABK Metal & Engineering Workers Union, Purnahat (hereafter the respondent no.3) was referred to the 9th Industrial Tribunal at Durgapur for adjudication. The Tribunal was required to decide the following issue: "Whether retrenchment of Sarbashree Narayan Chandra Jhariat, Balaram Hela, Jaharwarilal Bauri, Lakshmi Kumar Karmakar and Sridhar Tantubay by Indian Iron & Steel Co. Ltd. Burnpur Works, Burnpur by way of nonrenewal of contract with M/s. Kaycee Industries is justified? To what relief, if any, are these workmen entitled?"
(2.) The Tribunal after hearing the parties passed an award dated 11th December, 2000. It was ordered as follows: "The reference case u/s. 10 is allowed on contest. An award be passed to the effect that the order of retrenchment of Sarbashree Narayan Chandra Jhariat, Balaram Hela, Jaharwarilal Bauri, Lakshmi Kumar Kar and Sridhar Tantubay by Indian Iron & Steel Co. Ltd., Burnpur Works, Burnpur, by way of non-renewal of contract with M/s. Kaycee India is unjustified. The Employer is directed to reinstate them with full back wages."
(3.) The said award of the Tribunal is the subject matter of challenge in the present petition.;