Indistrial Disputes Act 1947

A company registered under companies act has appointed more than 350 workers on temporary basis. They have worked for 15 to 20 years and work in various production & services departments of the company as temporary employees. Company gives them 180 to 200 days work in a year on rotation basis so they could not complete 240 days service in a year and company did not give them regular worker’s status. So the workers have raised a conciliation procedure before conciliation officer against company through recognized union to regularize them in service. Conciliation procedure didn’t succeed. So union has filed a reference case in Industrial Tribunal against company to regularize the workers. After filing the reference by workers, company has announced a Voluntary Retirement Scheme for these workers. So 90% of the workers has opted for VRS and left the service. Rest 10% workers have not opted for VRS, so company has stopped giving work to them without giving any written notice or notice pay. So union has filed a complaint in Tribunal, for reinstatement which is pending for order. Can company change the status of workers while reference is pending in court? In your opinion, here a workers status is changed or not during pendency of reference? We want your opinion about this case? Is the case is in favour of workers or not ? Are workers eligible for regularise service ?