Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that
keeping in view the decision of this Court in Steel Authority of India and Ors. vs.
National Union
Waterfront Workers and Ors.[2001 (7) SCC 1], the question as to whether the
contract between the contractor and management of O.N.G.C. was sham or not,
should be decided by the Industrial Tribunal. We, therefore, are of the opinion that
the interim relief, if any, prayed for by the workmen may also be determined by the
said Tribunal.
However, keeping in view the passage of time as also the interim order of
stay passed by this Court on 25.8.2005, paragraph 8 of the impugned order need not
be implemented till any appropriate order is passed by the Tribunal.
It is needless to say that all contentions of the parties, including the question
of maintainability of the reference, shall remain open.
The appeals are disposed of with the aforementioned direction.
(S.B. SINHA)