- (1.) The appellant Kapra Mazdoor Ekta Union has preferred this appeal by special leave which is directed against the judgment and order of the High Court of Delhi at New Delhi in Civil Writ Petition No. 2084 of 1990 dated August 31, 2001 whereby the writ petition preferred by the respondent-Management of M/s. Birla Cotton Spinning and weaving Mills Limited was allowed and the order dated February 19, 1990 passed by the presiding Officer, Industrial Tribunal No. II, delhi was quashed. By the said order the Industrial tribunal had in effect recalled its Award of June 12, 1987 and framed an additional issue to be tried by the Tribunal. The High Court held that the Award dated June 12, 1987 had effectively terminated the industrial dispute referred to the Tribunal by the appropriate Government on December 13, 1982.
(2.) With a view to appreciate the submissions urged before us it would be necessary to notice the factual background in which these questions have arisen.
(3.) The appellant-Union is one of the eight unions representing the workers employed in the respondent-Company. In the year 1982 on account of closure of some looms of the weaving Section of the Mill disputes arose between the workmen and the Management of the respondent-Company. The appropriate government in exercise of its powers conferred by Section 10 (l) (d) and 12 (5) of the Industrial disputes Act, 1947 (hereinafter referred to as 'the Act') referred the said disputes to the Industrial tribunal, Delhi vide Notification dated december 13, 1982. The reference was in the following terms:- "1.Whether the action of the Management in refusing duties to a large number of workers is illegal and/ or unjustified, and if so, what directions are necessary in this regard 2. Whether the Management is justified in closing down a large number of looms in the mill and if not to what relief the affected workers are entitled and what further directions are necessary in this respect -;