N MUNIRAJ Vs. MANAGEMENT OF GRAPHITE INDIA LTD

JUDGEMENT

(1.) Award dated 30.04.2011 passed by the Industrial Tribunal, Bengaluru (for short, 'Tribunal'), in I.D.Nos.67/2007 & 166/2009 is challenged by the petitioners.

(2.) I.D.Nos.67/2007 & 166/2009 were raised by the petitioners before the Tribunal by the Graphite India Employees' Union seeking regularization of their services in the Second Party-Management. During pendency of the dispute, some of the workmen were made permanent by virtue of the settlement dated 28.04.2011 in which the present petitionersworkmen were not included. However, the Tribunal disposed of the dispute in entirety though the settlement did not consider case of the petitioners-workmen, though it was a partial award in respect of other workmen whose cases were settled. Aggrieved by the same, the present writ petitions are filed.

(3.) Learned Counsel for the petitioners contends that the Tribunal erred in closing the case in respect of the present 24 petitioners as well whose case was not settled on 28.04.2011 which is evident from the Memorandum of Settlement produced at Annexure-A to the writ petitions. He has relied on the award passed in I.D.No.113/2009 produced at Annexure-C, wherein under similar circumstances between the same management and its workers of another batch, the award was passed partially closing the dispute of the workers whose case had been settled, while continuing the dispute of others.