- (1.) This appeal is directed against an Order dated 16.11.2011 passed by a learned Single Judge of this Court in WP No. 18516(W) of 2003 whereby and whereunder the said learned Single Judge was pleased to dismiss the Writ Petition.
(2.) The challenge before the Writ Court was an Award dated 16.09.2003 passed by the learned 9th Industrial Tribunal, Durgapur, in Case No. X-7(2000) whereby and whereunder the said Award was passed partly in favour of the Mayurakshi Cotton Mills Employee's Union and Mayurakshi Cotton Mills Shramik Union and partly in favour of the management and the added union. It was held that the Bipartite Settlement dated 27.02.1993 between the management of Mayurakshi Cotton Mills and another union operating in the mills, was reasonable and valid EXCEPT the following two conditions:- (a) that the status of the employees would be temporary; and (b) that the employees who did not sign the bipartite settlement shall be deemed to have given up their jobs for not signing the Bipartite Settlement and thereafter not joining the Company.
(3.) The Award further directed the management to consider the cases of the employees relating to confirmation as per Model Standing Orders or Service Rules, if any, as the case may be. It was further ordered that the employees of these Unions must be allowed to join the Company if they wanted to sign the Bipartite Settlement dated 27.02.1993 without accepting these two conditions referred to above.;