- (1.) THIS appeal is directed against the judgment and order dated June 20, 2008, passed in W. P. No. 5690 (W) of 2004. The above writ application was dismissed by the impugned judgment and order.
(2.) ACCORDING to the appellants a settlement dated October 11, 1972 was arrived at agreeing by and between the Durgapur Employees Co-operative Society Ltd. , (hereinafter referred to as the said society), the Durgapur Steel Plant Employees Co-operative Society Ltd. , Workers' union (hereinafter referred to as the said union) in presence of the conciliation officer and assistant Labour Commissioner, Durgapur to implement the following terms of settlement: (a) The staff of the said Society would be treated at per with the staff of the Durgapur Steel Plant for the purpose of allotment of residential accommodation. (b) The staff of the said society would be treated at per with the contract labour for the purpose of absorption as unskilled workers in Durgapur Steel Plant. (c) Each ward of the staff of the said Society would be given by the said Society tuition allowance or Rs. 10/- only which ever was less.
(3.) THE above settlement was followed by a meeting dated April 20, 1979, in which it was agreed that a suitable quota of the available vacancies would be fixed for appointment of staff of the said Society in respect of vacancies of unskilled workers in Durgapur Steel Plant. The Personal Officer (Recruitment) was also requested to examine the issue for sending a proposal to the respondent No. 2 for his approval. By a communication dated June 27, 1979, the respondent no. 5 informed the Secretary of the said union that the respondent no. 2 had earmarked a quota of 5% of the vacancies of unskilled workers in Durgapur Steel Plant for appointment of the staff of the said Society. For the purpose of appointment of 196 employees of the said Society, the respondent no. 5 approached the Secretary to the Government of West Bengal, Labour Department, by a communication dated December 8, 1980, for exemption from the provisions of Employment Exchange (CNV) Act, 1959.;