Amitava Lala, J. - (1.) It appears to this Court that in the earlier occasion a writ petition was moved, being W.P. No. 4120 (W) of 2002 when a Bench of this Court held that there was a violation of condition of the tripartite settlement by the workers in terms of Section 29 of the Industrial Disputes Act. Therefore, the Government is supposed to make a reference under Section 34 of such Act, which had been done.
(2.) In disposing of the writ petition, the Court held that the appropriate Governmental authority will consider the point and hear out the matter in accordance with law. The Special Secretary, Labour Department, Government of West Bengal, has passed a reasoned order which is impugned herein. There, the authority has taken a very peculiar stand, namely, when the strike has been called off, subsequently, there is no necessity of adjudication by the Tribunal. But the question germane for the purpose is when there was a tripartite settlement in the public utility service, there should not be any existence of strike. In fact, this is also the observation of such authority, which is as follows: "Upon such notice by the management, there was a strike by the workmen with effect from March 11, 2002, which has, however, been withdrawn by the workmen with effect from April 26, 2002. In this connection, it may be mentioned that since the settlement dated January 5, 2002, was a tripartite settlement signed by the management and majority of the central trade unions, it is a valid settlement under the provisions of the Industrial Disputes Act and since it is a tripartite settlement, it is binding on all the workmen and their employer(s)."
(3.) Additionally, such authority observed that the problem lies in the implementation of the tripartite settlement regarding the productivity linked wages. The problem lies in the fulfilment of norms of production agreed by and between the parties, vide the bipartite agreement dated November 27, 1998. According to such authority, since he is not a technical person, he is not competent to make any comment on such norms. Even thereafter, such authority held that the tripartite settlement dated January 5, 2002, being a valid one under the provisions of the Industrial Disputes Act, and also held the same as binding on all workmen and employers. It cannot be said that there cannot be any enforcement of the provisions of settlement relating to productivity linked wages, but such implementation of the settlement and the same should not be in isolation of the settlement. It should be implemented in toto by all the parties. Ultimately, it was observed that both the management and the operating unions will sit across the table by bipartite level to sort out the problems by taking a pragmatic approach, for the purpose of implementation on the terms of the tripartite settlement dated January 5, 2002.;