- (1.) THE present application has been preferred mainly for the reason that there is deliberate breach of order passed by this Court dated august 23,2002 in CW. J. C No. 1408/1994 (R ).
(2.) I have heard learned counsel appearing for the petitioners and also heard learned counsel appearing for the respondents.
(3.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears: (a) that the respondent no. 4 had preferred an application, to appropriate Government, seeking permission for retrenchment of the workmen under Section 25-N of the Industrial disputes Act, 1947. Much time was taken by the sanctioning authority and keeping in mind deeming provision, the retrenchment was: presumed to have been given to the management. (b) that by being aggrieved by the order of retrenchment which was brought into effect on various dates and one of such date is December 15, 1987, an Industrial Dispute was raised by the workmen and a Reference case No. 5/1988 was referred to the concerned Industrial tribunal wherein an order was passed by the industrial Tribunal on November 25, 1993, and the Reference Case was dismissed and 'deemed permission' for retrenchment was held as valid. (c ) Thereafter, the aggrieved workmen preferred C. W. J. C. No. 1408/1994 (R) under article 226 and 227 of the Constitution of India challenging the award passed by the Industrial tribunal wherein a deemed permission under section 25-N was assumed by the Industrial tribunal and the retrenchment was held as legal. (d) that before the order is passed by this court, a full and final amicable settlement was arrived at between the 71 workmen and the management, out of total 101. Counter affidavit is filed to this effect. This fact was not brought to the notice to this Court while deciding cw. J. C. No. 1408/1994 (R ). ;