- (1.) In this Rule, an arbitration award dated 2nd Dec, 1975 in respect of an arbitration agreement between ACC Vickers Babcock Ltd. and their -workmen published by the Govt. of West Bengal under 7771IKR/IR/IOL-1157 71 dated 31st Dec, 1974 in the Calcutta Gazette Extraordinary dated Jan. 29, 1975 is under challenge. There was serious dispute against orders of dismissal passed by the said ACC Vickers Babcock Ltd. (hereinafter referred to as the employer company') against three of their workmen resulting in resorting to a strike with effect from second shift of Aug., 28, 1973. The said strike continued for about 33 days. Ultimately there was a settlement between the striking workmen and the employer company, sometime on 29/30th Sept, 1973, inter alia, on the following terms: 1. It is agreed that the following issues will be referred for arbitration by an acting or retired High Court Judge mutually agreed upon whose award will be binding upon the parties "Whether dismissal of Sarbasree Madhusudan Mishra, Laxmi Kanta Manna and Bimalendu Chowdhury is legal and justified. If not, to what relief are they entitled - 2. Within 2 weeks from the date of this settlement parties will through consent select an arbitrator as mentioned in C1. (1) above and thereafter a formal arbitral agreement under S. 10-A of the Industrial Disputes Act will be signed. Following the arbitral agreement the company will withdraw their application under S. 33 (2) (b) of the Industrial Disputes Act regarding the cases of three workmen from the 9th Industrial Tribunal. 3. Parties will make joint submission to the arbitrator to give his award as expeditiously as possible. 4. At the request of the State Government, the management agrees to pay full wages (Basic and D.A) to the above three workmen from the date of their dismissal pending the award of the arbitrator.
(2.) It may be stated in this connection that as an industrial dispute was pending adjudication before the 9th Industrial Tribunal between the employer company and their workmen in respect of some other dispute, an application under S. 33 (2) (b) of the Industrial Disputes Act was made by the employer company seeking approval for the orders of dismissal passed against the aforesaid three- employees. In view of the said agreement for referring the matter to arbitration and withdrawal of the application under S. 33 (2) (b) of the Act, the employer company made an application before the 9th Industrial Tribunal. West. Bengal on Dec. 30, 1974 for withdrawal of the said application under S. 33 (2) (b) of the Industrial Disputes Act. In the said application it was stated inter alia- "That by virtue of a Tripartite agreement signed on the 30th Sept., 1973, a High Court Judge was to arbitrate in the matter; That Justice Mr. Binayak Banerjee (Retd.) has given his consent to arbitrate in the matter; That in terms of the said Tripartite- Agreement the management now, therefore, most humbly pray for withdrawal of this case from this Hon'ble Tribunal and for which your Honour may be graciously pleased to pass such orders as may be deemed fit and proper under the circumstances."
(3.) The Tribunal on the basis of the said application made before it, allowed withdrawal of the application under Section 33 (2) (b) of the Inustrial Disputes- Act by an order passed on the same day.;