- (1.) The present writ petition has been filed by Ramesh Kumar-petitioner assailing the impugned award dated 13.02.2007 (Annexure P-15) passed by the learned Labour Court, Ambala. The Government of Haryana while exercising powers under Clause (C) of sub-Section 1 of Section 10 of the Industrial Disputes Act, 1947 (here-in-after to be referred as the 'Act') made the following reference on 20.12.2005 :- "Whether the termination of services of workman Ramesh Kumar is justified or not? If not so to what relief is he entitled ?"
(2.) Briefly stated that it is averred in the writ petition that the petitioner joined M/s Naraingarh Sugar Mill Limited-respondent No. 2 (here-in-after to be referred as the respondent-Management) on 02.12.1996 as Seasonal Fireman. It is stated in the writ petition that this fact is evident from the affidavit of the Managing Director of the respondent-Management (Annexure P-1) dated 29.10.1998. It is submitted that Union of workmen had submitted a demand charter to the Management and when the negotiation upon the demands raised in the charter with the Management failed, workers Union resorted to Dharna in front of the factory gate w.e.f. 18.11.1999. The workers' Union also resorted to hunger strike. Due to the intervention of Administration, Labour Department, an agreement was arrived at between the workers' Union and the respondent-Management on 03.12.1999. The agreement/settlement has been attached with the writ petition as Annexure P-2. Clause (ii) of the agreement reads as under :- "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, 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".
(3.) The grievance of the workmen is that the Management had not given effect to the settlement and they were not allowed to join the respondent-Management and their various attempts to join duty could not fructify as the Management kept putting off the implementation of the settlement on one pretext or the other. This necessitated M/s Naraingarh Sugar Mill Karamchari Union to prefer CWP No. 492 of 2000 in this Court. Copy of the writ petition is attached as (Annexure P-3). State of Haryana, respondent-Management, the Joint Labour Commissioner and the Deputy Commissioner were arrayed as respondents in CWP No. 7492 of 2000 (Annexure P-3) wherein prayer was made that a writ of mandamus be issued directing the respondents to enforce the agreement dated 03.12.1999 and the workmen be allowed to join their duties. It was pleaded therein that workmen are virtually on the verge of starvation. The above-said writ petition was dismissed by this Court on April 05, 2001 holding as under :- "The question whether the said workmen did not join after the settlement in the year 1999 or when not allowed to join is again disputed question of fact to be decided. This also cannot be decided in this writ petition. The proper remedy, therefore, would be only under the Industrial Disputes Act and not by filing this writ petition".;