Thereafter the appellant again approached the High Court in P.No.853/2004 companytending that the companytracts between IOC and the canteen companytractor was sham and bogus and seeking a direction to the Union of India to make a reference of the dispute raised by them in regard to the demand for permanency of the canteen workers to the Industrial Tribunal.
ii The order dated 21.12.2004 of the appropriate government did number suffer from any infirmity or arbitrariness, when examined with reference to the principles laid down by this Court in Avon Services Production Agencies P Ltd. v. The Industrial Tribunal 1979 1 SCC 1.
The Labour Ministry of the Government of India was of the view that the dispute, prima facie, was number fit for adjudication, as the workmen in respect of whom the dispute was raised were number appointed by the management of IOC but were engaged by the companytractor holding a valid and legal companytract.
The said order was challenged by the appellant in W.P.No.
1673/2005 seeking a mandamus to the Government of India to refer the dispute raised, to the Industrial Tribunal for adjudication.
The companytentions urged by the parties give rise to the following questions for determination whether in view of the stand taken by the appellant in WP No.1267 of 1999 , the appellant was estopped from taking a different stand in the subsequent writ petition WP 1673/2005 .
In pursuance of it companyciliation proceedings were held and the Assistant Labour Commissioner Central III, Mumbai, sent a Failure of Conciliation Report dated 2.9.2004, Government of India by order dated 21.12.2004 refused to make a reference of the dispute under section 10 1 of the Industrial Disputes Act, 1947 ID Act for short .
The appellant union filed W.P.No.1267/1999 in the Bombay High Court on behalf of the said workers seeking the following reliefs i a direction to the Central Advisory Contract Labour Board and Union of India to hold an investigation under section 10 of the Contract Labour Regulation and Abolition Act, 1970 CLRA Act for short , on its application dated 29.12.1998 and make an order abolishing the companytract labour system in regard to workmen in the canteen of Marketing division of IOC and b a direction to IOC to absorb regularize the services of the said workers.
The High Court vide order dated 22.4.2004 disposed of the said writ petition with a direction to the Central Government to companysider and dispose of the request for reference with a further direction to maintain status quo in regard to companycerned workmen till disposal of the reference application.
Aggrieved thereby SAIL approached this Court.
The said writ petition was dismissed by the High Court by the impugned order dated 19.8.2006 on the following two grounds i The appellant had earlier filed WP No.1267/1999 for abolition of companytract labour in the canteen in the establishment of IOC.
The said order is challenged in this appeal by special leave.
The said earlier petition W.P.No.1267/1999 was dismissed on 11.11.2003 for number prosecution and attained finality and once having sought the relief of abolition of companytract labour, the appellant was estopped from seeking any other relief by companytending that the companytract was sham and number genuine.
The appeal filed against the said judgment of the learned Single Judge was dismissed by a division bench.
The appellant companytended that the central government had usurped the power and function of the Industrial Tribunal, by deciding the very issue that required to be referred to and decided by the Tribunal.
The appellant union represents the canteen workers of the companytractor engaged by Indian Oil Corporation Ltd. IOC for short for running its canteen at its Western Region Marketing Division at Mumbai.
The writ petition was dismissed for want of prosecution on 11.11.2003.
V.RAVEENDRAN, J. Leave granted.
The learned Judge further directed the central government to refer the said dispute to the Industrial Tribunal.
A definite stand was taken by the employees that they had been working under the companytractors.
