PLATFORM OF BEL EX EMPLOYEES BANGALORE Vs. CHAIRMAN AND MANAGING DIRECTOR M/S BHARAT ELECTRONICS LIMITED BANGALORE

JUDGEMENT

(1.) These appeals are filed by the petitioners in W.P. No. 25280/2001 being aggrieved by the order dated 03.01.2006, wherein the learned Single Judge of this Court has declined to grant the prayer to quash Annexure - "A" in so far as it says that the benefit of weightage for service is limited to those on the rolls of the establishment on the date of signing the settlement.

(2.) The appellants herein filed W.P. No. 25280/2001 averring that petitioner Nos. 2 to 13 are the ex-employees of M/s. Bharat Electronics Limited and the first petitioner is the platform of M/s. Bharat Electronics Limited Ex-Employees Association. The main contention of the petitioners in the Writ Petition is that the petitioners, who were the workmen under the regular rolls of the respondents - company as on 01.01.1997 and continue to be on the rolls of the company on the date of signing the settlement. They are the members of the union, who represented them in settling the matter and the settlement was arrived at. However, the petitioners are aggrieved only by the clause in the agreement that the weightage of service was limited to those on the rolls of the establishment on the date of signing the settlement and on the date of filing the petitioners are retired from the service having attained the age of superannuation and therefore the Writ Petition was filed challenging the said clause in the final settlement arrived at by the Union and the Management contending that though the petitioners were the members of the Union, which entered the settlement with the Management, the interest of the petitioners has not been safeguarded as grant of weightage is limited to the persons, who are in service as on the date of the settlement (settlement dated 20.12.2000) and therefore they sought for a writ of certiorari or any other appropriate writ or order or direction quashing Annexure - "A" in so far as it says that the benefit of weightage for service is limited to those on the rolls of the establishment on the date of signing the settlement and to hold that the petitioners, who are already retired prior to the date of signing the settlement are also entitled to the amount by way of service weightage as the settlement is effective from 01.01.1997 and to pass such other order as deemed fit in the facts and circumstances of the case.

(3.) The petition was resisted by the respondents. The learned Single Judge after considering the contentions of the learned counsel appearing for the parties and after scrutinizing the material on record, held that admittedly settlement has been arrived at between the Union of which the petitioners were the members and the Management on 20.12.2000 and the settlement in question is arrived at under Section 12 read with Section 18 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act" for short). Subsection (3) of Section 18 of the Act makes it clear that the settlement arrived at in the course of conciliation proceedings under this Act or an arbitration award in a case where a notification has been issued under sub-section (3-A) of Section 10-A or an award of a Labour Court, Tribunal or National Tribunal, it has become enforceable, shall be binding on all parties to industrial dispute and where one of the parties to the dispute is composed of workmen, all persons who were employed in the establishment or part of the establishment, or as the case may be to which the dispute relates on the date of dispute and all persons who subsequently become employed in that establishment or part of are bound by it and in view of the admitted facts that the petitioners are the members of the recognised trade unions, which entered into the settlement with the Management, it is not open for the petitioner to challenge the said settlement only in so far as it relates to a particular clause, wherein the benefit of weightage is not extended to them as on the date of signing of the agreement, i.e., 20.12.2000 and if at all they have any grievance, it is open to them to challenge the award on any of ground available to them by raising an industrial dispute and no relief can be granted based on the said settlement in a proceeding under Article 226 of the Constitution. Being aggrieved by the said order of the learned Single Judge dated 03.01.2006, these appeals are filed by the writ petitioners.