Sunil Ambwani, J. - (1.) Heard Sri Shakti Swaroop Nigam for the petitioner and Sri R.C. Dubey for respondents. With the consent of the parties, this writ petition is being finally decided at the admission stage.
(2.) Petitioner M/s. Allahabad Patrika Pvt. Ltd. is a private limited company and is engaged in the business of publishing/printing newspapers. The publication of news paper was stopped from 8.1.1994 to 25.6.1995. The managemenl of the company reached to an agreement with the workmen in conciliation proceedings before the Conciliation Officer/Dy. Labour Commissioner on 24.6.1995. Under the terms of agreement, which were signed before Deputy Labour Commissioner, Allahabad, and registered by him, it was agreed that the publication will resume by taking workmen not less than 170 in number, on the terms and conditions stated in agreement. The management paid the workmen and resumed publication. It appears that the retrenched workmen were not satisfied with the agreement and filed conciliation petition, on the failure of which industrial disputes were referred in Adjudication Case No. 66 of 1996 and 7 other connected petitions and were referred for adjudication to the Industrial Tribunal (I), U. P. at Allahabad under Section 4K of the U. P. Industrial Disputes Act, 1947. The reference required the Tribunal to decide whether the termination of services by retrenchment of the workmen were proper and legal and, if not, the relief to which the workmen were entitled.
(3.) Justice N.L. Ganguly (retired). Presiding the Tribunal, held that the reference made by the State Government was covered within the terms and conditions of settlement agreement. The establishment was closed for about 18 months and it was viable only if the labour force was reduced. It was considered expedient to retain only 170 workmen out of total force of about 200 workmen. The settlement agreement was arrived at between the employers and the recognised union of the workers, namely, Allahabad Patrika Karmachari Kalyan Sangh and was registered. The reference order was silent on the question whether the retrenchment agreement is bad or not. The concluding portion of the order of Industrial Tribunal dated 10.6.1999 is quoted as below : ".........The present reference by the State Government under Section 4K is misconceived. The State Government assumed jurisdiction and arrived at an illegal conclusion that there was illegal retrenchment. Such a reference is wholly illegal and not maintainable. After scanning of the evidence. I am of the opinion that the press of the employers remained closed for 18 months on account of financial strain in the employers establishment. It was considered in the interest of establishment and its work that the labour force be reduced and settlement agreement was arrived at which could not legally as ...... In the present reference, no such a question has been referred for adjudication before this Tribunal. In view of the facts and circumstances and discussion of the evidence and law. I am of the view that the workmen are not entitled to any relief. The references are answered in negative against the workers.";