- (1.) The employer M/s. E.I.D. Parry (India) Ltd., is the petitioner in this writ petition. The petitioner, hereinafter referred to as "Parry Company", prays for a writ of Certiorari to call for the records from the 1st respondent in I.D.Nos. 12 of 1986 and 34 of 1986 and quash the common award dated 25-3-1987.
(2.) Respondents 2 to 4 were the employees of Parry Company. It seems a settlement was entered into between Parry Company and the Parry's Staff and Labour Union, hereinafter referred to as "the Union", under Section 18 of the Industrial Disputes Act, on 17-6-1978. That award, inter alia, provided that the strength of the staff of the Company might be fixed at 265 and that 24 casual workmen be made permanent as "Pool workmen". After the expiry of the period of that settlement a fresh settlement was entered into between the Parry Company and the Union on 24-7-1982 under Section 18 of the industrial Disputes Act under which it was agreed that not less than 100 workmen would opt to leave the service a under "separation compensation plan" and that the vacancies caused thereby should not be filled up. The validity of that award was the subject matterof I.D.No. 8 of 1983. On 16-4-1983 the Industrial Tribunal passed an award holding that the settlement was not justified, the correctness of which was challenged by the Parry Company in W.P.No. 16027 of 1984. During the pendency of the writ petition a fresh settlement was entered into between the parties pursuant to which it was agreed that the strength of the man power would be assessed and determined based on the requirement of the Company from time to time and that in the first instance the strength would be reduced by 60 under voluntary retirement scheme. It was also provided that if the number of workmen who opted under that scheme fell short of 60, the company would be entitled to retrench the employees to make up the proposed reduction in the staff by 60. The draft of this award, it is stated, was approved by the Executive Committee of the Union on 14-3-1985. On 15-3-1985 it is stated to have been approved in the General Body Meeting and on 28-3-1985 the settlement was signed by the representatives of the Parry Company and the office-bearers of the Union. Under the said settlement respondents 2,3 and 4 received Rs. 2,500/- each. The said settlement was also filed in Writ Petition No. 16027 of 1984 for replacing the award dated 17-6-1978 which was the subject matter of the writ petition. 57 workmen opted under the voluntary retirement scheme under the. above settlement dated 28-3-1985. The Parry Company retrenched respondents 2,3 and 4 offering three months wages in lieu of notice and retrenchment compensation at the rate of 15 days average pay of every compleated period of service or part thereof, on 29-7-1985. However respondents 2 to 4 refused to receive the letter of retrenchment; but the cheques for the amount and the orders of retrenchment were sent by registered post with acknowledgment due. The said respondents raised a dispute before the Conciliation Officer with regard to the retrenchment which was eventually referred to the Labour Court, Guntur, by the State Government The dispute relating to the retrenchment of the 2nd respondent was numbered as I.D. 34 of 1986 and the dispute relating to the retrenchment of respondent 3 and 4 was numbered as I.D. 12 of 1986.
(3.) Both sides adduced oral and documentary evidence before the 1st respondent. By a common award dated 25 -3 -1987 the 1 st respondent held that respondents 2 to 4 (the workmen in the said industrial disputes) were entitled to be reinstated with back wages, continuity of service and all other attendant benefits.;