- (1.) A very substantial question is raised in this writ application. The question is: whether a second order of reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), after a substantial gap of time, is maintainable, in respect of the self-same issues which were similarly referred earlier and in respect of which a "no dispute Award" was passed by the Industrial Tribunal on account of absence of the parties?
(2.) The respondent workman represents the other three workmen involved.On 29th May, 1999, 25 (twenty five) workmen of Hindustan Engineering and Industries Limited, the writ petitioners were dismissed from service on charges of staying away from work, indiscipline, dereliction of duty, subversive activities against the company and so on. This was preceded by a Charge sheet dated 27th May 1995 and an enquiry.
(3.) On 10th February 2000, the disputes between the writ petitioner-company and their workmen represented by Hindusthan Development Corporation Ltd., Shramik Union (Santragachi Plant) were referred under Section 10 of the said Act to the Industrial Tribunal on the following issues: (i)Whether the dismissal of 25 (Twenty five) workmen as mentioned in the Annexures to the Order of Reference justified? (ii) What relief, if any are the workmen entitled to?;