BHARATI SAPRU, J. - (1.) THE present petition has been filed against an award of the Labour Court dated 2.2.1998 passed in adjudication case No. 125 of 1991, by which the Labour Court has answered the reference that the termination of the concerned workman numbering four is not bad on the basis of the settlement made dated 20.3.1991 but has held that they will be entitled to work after one month from the publication of the award.
(2.) THE facts of the present case are that the respondent workmen were working as casual workers with the Railway Department. According to the workmen, they were wrongly terminated with effect from 4.8.1984. It is admitted to the workmen that they entered into a settlement dated 20.3.1991 with the Railways under which it was settled between the parities that Railways will keep the names of the respondent workmen in a live register for casual workmen and shall offer them work as and when it was available. Settlements have been filed and are on record as annexed in Annexures 2, 3, 4 and 5 to the writ petition. The terms of settlement are quoted as hereunder : " 1. It is agreed that Sri Rameshwar s/o Kishal lal will be offered work as and when the same is available with AEN/Tundla. 2. It is agreed that the name of Sri Rameshwar will continue to in the Live Register of Casual Labour and the intervening period will be counted for the purpose of seniority according to the number of days worked. It is agreed that the workman in question will not be entitled for any wages/allowances for the intervening periods.
(3.) IT is agreed that the workman will be offered to work as early as possible as per the seniority register of casual workers maintained by the Railway Administration. In view of the above, the dispute stands fully settled. Both the parties will intimate implementation of the above settlement to the Asstt. Labour Commissioner (C), Lucknow within 30 days of the above settlement." 3. Despite there being a settlement between the parties, the respondent workmen raised a dispute and sought reference that their termination with effect from 4.8.84 was bad. 4.I have heard learned Counsel for both the parties at length.;