- (1.) In this Rule, the petitioner Basanti Cotton Mills Limited challenges an Award on the 5th Industrial Tribunal dated the 26th April, 1976. The facts relating to the passing of the Award which is impugned in the present Rule may be briefly noted.
(2.) The respondent G. D. Jalan was employed by the petitioner as a workman and was working in its Mill at Panihati at the relevant time in the capacity of a Supervisor.
(3.) In May 1966, the petitioner entered into a settlement with its workmen in course of Conciliation proceeding. The memorandum of settlement was signed in the presence of the Conciliation Officer on the 22nd May, 1966. Clauses 10 and 15 of the Settlement which are relevant for our purpose may be set out herein below: Clause 10"It is agreed that workers who will be rendered surplus as consequent upon the aforesaid re-allocation of work load and re-adjustment of complement of hands will be rehabilitated in suitable alternative jobs as far as practicable. After having absorbed the surplus Labour in the matter indicated above, if retrenchment becomes inevitable, then the affected workmen will be paid their legal dues, as per I. D. Clause 15Both the parties agree that supervision and clerical cost will be minimised as far as practicable and the number of such staff will not exceed 79 (excluding Manager).";