(1.) 1 The Petitioner, the management of the Moolchand Kharaiti Ram Hospital & Ayurvedic Research Institute ('Management'), challenges an Award dated 14 th January 2003 passed by the Industrial Tribunal-II ('Tribunal') in Industrial Dispute No. 2 of 1999 as well as the subsequent order dated 18 th August 2003 passed by the Tribunal in the same ID No. 2 of 1999 under Section 36-A of the Industrial Disputes Act, 1947 ('ID Act'). Apart from seeking a remand of the dispute to the Tribunal the Management seeks the quashing of the Reference Order dated 28 th May 1998 issued by the Government of National Capital Territory of Delhi ('GNCTD'), Respondent No. 3, referring the dispute raised by the Moolchand Khairati Ram Hospital Karamchari Union ('Union') (Respondent No.1) as well as another set of workers (Respondent No. 2), for adjudication to the Tribunal.
(2.) The genesis of the present petition is a settlement dated 21 st August 1977 entered into between the Management and the Union whereunder it was agreed, inter alia, that the pay scales as applicable to the central government hospital staff would apply to the Class III and Class IV staff of the hospital in question with effect from 1 st October 1978.
(3.) With disputes arising out of the enforcement of the above settlement, the Union filed a statement of claim on 15 th November 1978 before the Conciliation Officer ('CO'). After negotiations and with the help of the CO, a settlement was arrived at between the Management and the Union on 17 th May 1979. The relevant terms of settlement for the purposes of the present petition are as under: