BANGALORE ELECTRICITY SUPPLY COMPANY LTD Vs. S. JYOTHI

JUDGEMENT

(1.) THESE writ appeals under section 4 of the Karnataka High Court Act, 1961 arise from three batches of petitions which were directed against the common award and order dated 19.8.2011 of the Industrial Tribunal, Bangalore in Industrial Dispute No.145/2010. For the sake of convenience, the appellants herein are hereinafter described as 'the employers ' or ''BESCOM ' ' and 13 workmen concerned are described as 'the workmen '. All the parties having been duly represented, delay in filing of the appeals having been condoned and learned Advocates appearing on either side having requested for and agreed to hearing of the appeals for final disposal, they are heard in extenso at the admission stage.

(2.) THE industrial dispute regarding termination of service of the workmen by the employers from 01.03.2010 was referred to the Tribunal by the Government, specifying the dispute to be as to whether it was lawful for the management to terminate the services of the workmen, while the conciliation proceedings were pending. By the award dated 19.08.2011, impugned before learned single Judge of this Court, the order as under was made by the Industrial Tribunal.

(3.) THE appellants -employers have now called into question the above order of learned single Judge on the plea that no mandamus could have been issued to absorb the workmen in service in contravention of the Regulations and in view of the law declared by the Hon 'ble Supreme Court in a series of decisions. It is pleaded that, even if the parties have agreed upon the terms of compromise, the Court could not have accepted such terms and issued mandamus to perpetuate an illegality. The appellants are also stated to have filed applications (I.A. I & II of 2013) seeking recalling of the impugned order dated 05.02.2013, but learned single Judge was pleased to dismiss the applications on 24.04.2013. That Order dated 24.04.2013, holding that the Chief General Manager of the BESCOM had signed the joint memo with a bona fide intention to settle the dispute and had not committed any illegality or misconduct or violation of any Regulations of the BESCOM, is also challenged in the other set of writ appeals [Nos.5678 to 5703/2013]. The main ground in those appeals is that learned single Judge ignored the affidavit of the Chief General Manager stating that he did not place the matter before the Board of Directors, prior to signing the joint memo and the signing was an inadvertent mistake. It is contended that if officers of the company were allowed to take decision or enter into contract that binds the company without prior approval of its Board of Directors, it will violate Section 291 of the Companies Act, 1956 and would seriously affect the functioning of the company.