J.K. Biswas, J. - (1.) SINCE the subject-matter of challenge in both the writ petitions is same, the award dated 14th November 2000 passed by the Ninth Industrial Tribunal, West Bengal at Durgapur (hereinafter referred to as 'the Tribunal'), they have been heard together ; and we propose to dispose of them by this common judgment.
(2.) A company known by the name of 'Mayurakshi Cotton Mills Ltd.' having its factory at Panchra, Birbhum, in West Bengal was wound up in terms of the BIFR's order dated 20th September 1989. Its assets were purchased by the Government of West Bengal for Rs. 108,80,092.00. To reopen and run the said factory, on 4th January 1990 the Government constituted a 'committee-of-management' (hereinafter referred to as 'the committee'). On 18th February 1990 the factory was re-opened. Most of the employees/workmen of the erstwhile company were engaged afresh by the committee on temporary basis. Three unions, namely, (1) Mayurakshi Cotton Mills Mazdoor Union, (2) Mayurakshi Cotton Mills Employees' Union, and (3) Mayurakshi Cotton Mills Shramick Union (hereinafter referred to as 'the Mazdoor Union', the Employees' Union, and the Shramick Union respectively) became active in the said factory. Two unions: The Employees' Union and the Shramick Union demanded introduction of new wage structure and benefits of provident funds, leave, etc. They filed a writ petitions in this Court for those benefits. By an order of a learned single Judge dated 27th September 1991 it was disposed of; the Government was directed to settle the disputes within six months from the date of communication of the said order.
(3.) HOWEVER, numerous labour troubles started enveloping the said factory. Ultimately, alleging continuous unlawful, illegal, riotous, and disorderly activities and wanton indiscipline indulged in by a section of the workmen claimed to be members of the Employees' Union and the Shramick Union, the committee declared a lock out with effect from 5th August 1992. The Employees' Union and the Shramick Union challenged the lock out notice dated 5th August 1992 by filing a writ petition (C.O.No. 13796 (W) of 1992). During pendency of this writ petition the committee and the Mazdoor Union entered into a bipartite settlement dated 27th February 1993. Terms and conditions as agreed by the parties were incorporated in the said settlement for the purpose of lifting the lock out. Pursuant to the said settlement the lock out was lifted with effect from 14th March 1993.;