TARUN AGARWALA,J. - (1.) HEARD the learned counsel for the petitioner. List has been revised. The learned counsel for respondent is not present.
(2.) IT transpires that the National Thermal Power Corporation invited tenders for setting up a coal handling plant. The petitioner is a company incorporated under the Companies Act and has its Registered Office at Bombay and submitted a tender which was accepted and a contract for erection/construction of a coal handling plant was awarded to the petitioner. It is alleged that the construction of the coal handling plant started in the year 1985 and came to an end in March, 1988. The petitioner engaged local labourers on a daily rated basis. It transpires that during the pendency of the construction, a dispute was referred under Section 5-B of the U.P. Industrial Disputes Act for adjudication. The terms of the reference was: "Whether the employers was justified in terminating the services of 189 workersw.e.f. 29th March, 1985? If not, to what relief are the workers entitled?" The Industrial Tribunal, after considering the material evidence on record, found that the services of the workers were never terminated w.e.f. 29th March, 1985. The Tribunal further found that it was a case of a lock out, and that, those workers who were willing to work and who had signed the register were allowed to enter the premises, and that those workers, who did not sign the register, were not allowed to enter the premises. The Tribunal, after considering the matter, passed the following order: "Considering every aspect of the matter, I hold that the services of 156 workmen were not terminated with effect from March 20,1985 as alleged. However, as mentioned earlier, if the workmen give an undertaking to work peacefully at the site of N.T.P.C., the management should abide by their offer which they had made before me and should take them on work. I hope as a matter of grace they should also pay them three months wages as ex gratia so that the workmen may maintain themselves. The issue is decided accordingly."
(3.) THE said award was passed on 21st October, 1987 and was published on 16th April, 1988, by which time, the project had come to an end and nothing remained at the work place. Consequently, the petitioner filed the present writ petition challenging the award by which the workers were allowed to be given work on an undertaking given by them, and also challenged the action of the Tribunal in giving three months' wages as ex gratia. In paragraph 5 of the writ petition, it has been specifically stated that the project had come to an end in March, 1988. In paragraph 25 of the writ petition, it has been stated that upon the completion of the work at the project site, the plant and machinery and construction material was sent back to the headquarters and that nothing remained at the site. These paragraphs have not been denied by the respondents in their counter-affidavit.;