S.S. Sudhalkar, J. - (1.) THIS writ petition is filed by the workers Union of a Sugar Mill, The petitioners have filed a list and particulars of workmen at Annexure P/2. The workmen had submitted a Charter of demands to the management -respondent No. 2, but it paid no heed. This started unrest. The petitioner -Union firstly resorted to the Dhama and then to a strike. FIR was fudged against some of the workmen viz. Ashwani Kaushik, Ajay Kumar Sharma; Yash Pal and Sanjay Kumar Sharma, however, no challan has been filed against them. The administration arid the Labour department intervened and an agreement was arrived at on 3.12.1999. Copy of the agreement/settlement is at Annexure P/3. By the said agreement, it was agreed as under: - "i) That to maintain the industrial peace the workmen will bring to an end the hunger strike. ii) As soon as the season of 1999 -2000 would begin the management would take on duty all the workmen who were working in the previous season. The workers who raised slogans against the management during the strike and who abused the management they would beg pardon in writing from the management and then they would be taken on duty. The workers against whom the FIR is lodged they would not be taken on duty and they would be allowed to join duties as per the atmosphere. iii) The workers would be allowed to join duties as per their category. iv) In future the workers would be given the appointment letter as per their category. v) A committee of four persons would be constituted in which two members from each side would be appointed. This committee would prepare the seniority list as per their category which will be acceptable to both the parties. vi) The management would initiate the recommendations of Sugar Wage Board and this process would be completed within a period of three years. Besides this it is also settled that no worker would be paid less than the minimum wages. All the workmen would be allowed the holidays as per the Holiday Act of 1965. Such as National holidays, festival holidays, casual holidays and this will include the weekly holiday also.
(2.) In the end the workers have assured that they would also help in the full production maintaining the discipline and the management would not resort any sort of biased attitude towards any worker due to the said strike."
(3.) It is the contention of the petitioners that because of the agreement, the workmen brought an end to the strike. It is contended that as per clause (ii) of the settlement, as soon as the season of cane crushing began, they should have been allowed to resume the duties and according to clause (iii) of the agreement, they would be appointed category -wise. However, the management did not abide by the agreement and is whiling over the time. It is contended that as per the Standing orders, the position of the workmen is maximum that of the suspended employees, and they are entitled to subsistence allowance and even if it is assumed (though no admitted) that some enquiry or trial is pending against them, the FIR was only against a few of the workmen.;