- (1.) In this writ proceeding the writ petitioners have challenged a letter dated 14th November, 2000 issued by the Deputy General Manager (Personnel) for Garden Reach Shipbuilders and Engineers Ltd. (a Government of India Undertaking). The relevant part of the aforesaid letter dated 14th November, 2000 is set out hereunder : "The President GRW Ltd. Clerk's Union, 43/46, Garden Reach Road, Calcutta - 700 024. Re. : Termination of Agreement dated 9th May, 1988 Dear Sir, The Management is regretfully constrained to give you notice hereby that due to supervening impossibility, the Agreement dated 9th May, 1988 shall stand terminated with effect from 15th January, 2001. Yours faithfully, For Garden Reach Shipbuilders & Engineers Ltd. Sd/- (illegible) Dy. General Manager (Personnel)"
(2.) There are three petitioners. Petitioner No. 1 is a registered trade union. It is the case of the petitioners that the petitioner union and the respondent company on 9th May, 1988 signed a Memorandum of Settlement, within the meaning of section 2(p) of the Industrial Disputes Act, 1947, on incentive scheme for clerical graded staff after replacing the scheme prevailing at that material time.
(3.) In Clauses 5.12 of the aforesaid incentive scheme dated 9th May, 1988 it was stated that as a special gesture of goodwill the management agreed to pay all clerical graded staff/employees for the period of 1.6.1987 to 30.4.1988 additional incentive by lowering qualifying level applicable to such employees of overall GRSE efficiency of 50% to 45% only. In Clause 6.1 of the aforesaid incentive scheme dated 9th May, 1988 it was clearly stated that the scheme would be put into operation on and from 1.5.1988 and in Clause 6.2 it was stated that the scheme would be binding on the parties upto 31.12.1989 and the scheme would continue even thereafter till a new agreement is signed.;