G.R.Bhattacharjee, J. - (1.) In this writ petition under Article 226 the writ petitioners have challenged the award dated the 29th August, 1996 passed by the Labour Court, Andaman and Nicobar Islands at Port Blair as published in the Andaman and Nicobar Gazette dated the 31st December, 1996, Annexure-G to the writ petition. The said award was passed by the Labour Court on a reference made to the said court by the Lieutenant Governor, Andaman and Nicobar administration on 6th December, 1994 under section 10(1) read with section 12(5) of the Industrial Disputes Act, 1947. The notification about the said reference is Annexure-D to the writ petition. The matter that was the subject of reference was formulated in the said notification by the Lieutenant Governor (Administrator), Andaman and Nicobar Islands in the following form: 'Whether the action of the management of Central Agriculture Research Institute in retrenching 42 Majdoors as per annexure with effect from 1.8.86 is legal and justified. If not, to what relief are the concerned workmen entitled?'
(2.) The said reference was disposed of by the Labour Court by passing the following award after hearing: "That the action of the management of Central Agriculture Research Institute in retrenching 42 Majdoors as per annexure to the reference with effect from 1.8.86 is illegal and unjustified. The 42 first party workmen cannot be treated to be disengaged from 1.8.86.The second party will give employment to those of 42 first party workmen who have not been given job after 31.7.86 on daily rated basis. They should be treated as regular employees as and when regular vacancy arises. As regards the back wages the second party will pay Rs. 10,000 (Rupees Ten Thousand Only) to each of the workmen in full and final settlement of their claim towards back wages."
(3.) The concerned 42 workmen of the Central Agricultural Research Institute, Port Blair were represented before the Labour Court through their union, namely, the Plantation Crops Workers Union. the said reference was contested by the management, namely, the management of the Central Agricultural Research Institute. In the present writ petition the said institute is the writ petitioner No. 1 and its Director is the writ petitioner No.2. The case of the concerned workmen before the labour court was that the concerned workmen being daily wage workers were engaged under the Director of Central Agricultural Research Institute in different agricultural farms on different dates, mostly starting from 1.7.80 and all of them continued their services till 31.7.86 and that as they completed 240 days continuous service in a year they were entitled to get themselves registered under the nominal master rolls, but the management did not give the benefit which the workmen were entitled to and their union approached the management and the Labour Commissioner but the management never turned up in the conciliation proceeding arranged by the Labour Commissioner and the Workers' Union representing the daily rated workers took recourse to strike on 30.7.86 after giving one months notice to the management for one day strike. It was also the case of the workers that the management did not allow them job on and from 31.8.86 and rather recruited new persons in place of those workers and published advertisement in newspaper for taking more workers and although the Majdoors under reference approached the management once again they were not recruited and instead new Majdoors from Kamraj Multipurpose Labour Contracts Cooperative Society Ltd. were recruited. It was also the allegation of the concerned workers that the management was in constant need of Majdoors and the jobs performed by the workers under reference were permanent in nature and those Majdoors were entitled to get increased pay with effect from 1.4.83 in terms of circular dated 5.3.83. The allegation of violation of the provisions of sections 25N, 25F, 25B and 25G of the Industrial Disputes Act was also made against the management.;