- (1.) INTERLOCUTORY Application No. 191 of 2010 has been filed by the appellant stating therein that after passing the impugned Award in Reference Case No. 01 of 1998, the appellant-Company and recognized Union namely Hatia Projects Workers Union have negotiated on behalf of the workmen in Reference Case No. 01 of 1998 and the Union who was espousing the cause of workmen in Reference Case No. 01 of 1998 had already been de-registered. It is submitted that in view of the subsequent event, a settlement was arrived at between the Union representing the workmen and the appellant-Company which has been reduced to a joint agreement dated 24.08.2009. According to learned counsel for the appellant, 35 persons of Reference Case No. 01 of 1998 have signed the agreement dated 24.08.2009.
(2.) HOWEVER, learned counsel appearing for the original Union namely 'Engineering Mazdoor Panchayat Union' submitted that 25 persons have signed. It is submitted by the erstwhile Union who was representing the workmen before the Labour Court and also here, the relief has not been granted to other employees who have not signed the said agreement. HOWEVER, learned counsel for the then Union submitted that the settlement is absolutely illegal. Since a signed agreement has been placed on record by the appellant and an affidavit has been submitted on behalf of the 'Hatia Projects Workers Union', who is a recognized Union, stating therein that there were 44 workmen in Reference Case No. 01 of 1998 and Award was passed and thereafter, a settlement was arrived at between the parties and there are other employees of Reference Case No. 03 of 1994 making altogether 78 workmen interested in the said agreement. In view of the above facts, it will be necessary to obtain individual affidavit of workmen who signed the agreement dated 24.08.2009, so as to find out whether the workmen, who signed the agreement, want to challenge the agreement dated 24.08.2009 or want to take benefit under the agreement dated 24.08.2009. Learned counsel for the earlier Union submitted that the workmen, who have not signed the agreement on behalf of the Union, are supporting the Award. However, it is not clear even after repeated asking of the Court whether learned counsel is representing the remaining workmen, who have signed the agreement dated 24.08.2009. Therefore, it is also necessary to know the locus-standi now in the changed circumstances of the Union, who is supporting the Award after agreement dated 24.08.2009, on account of which affidavit of the workmen is also necessary. Therefore, the Union namely 'Engineering Mazdoor Panchayat Union' is directed to submit the affidavit of the workmen, who have not signed the agreement referred above indicating their stand whether they want to take the benefit of the agreement or they want to challenge the agreement so as to take benefit of the Award since Union was representing the employees, out of which some of them signed the agreement referred above. Therefore, the said Union may also file the affidavit of the workman who have signed the agreement so that they may make it clear that they want to take the benefit of the agreement or they want to challenge the agreement to take the benefit of the Award.
(3.) THE Union namely 'Hatia Projects Workers Union' is also directed to file the affidavit of individual workman for whom Award is passed in Reference Case No. 01 of 1998 so that individual workman may indicate as to whether they want to take the benefit of the agreement or they want to challenge the agreement. Such affidavit may be filed on or before 25th June, 2012.;