WINGS WEAR PRIVATE LIMITED Vs. WORKMEN AS

JUDGEMENT

(1.) By this decision I will be disposing oftwo writ petitions being C.W.P. No. 22/95 and C.W.P. No. 115/95, both challenging different findings of the impugned award.On writ has been filed by the Management challenging findings onthe first and second term of reference and the other filed by theworkmen challenging the findings on the third term of reference.

(2.) This writ petition, i.e., C.P.W. No. 115/95 arose out ofthe decision of Industrial Tribunal-II, Delhi relating to a disptuereferred to the said Tribunal by the appropriate Government foradjudication seeking quashing of the impugned Award dated 17/11/1994 pertaining to terms of reference Nos. 1and 2. The petitioner has also challenged the terms of referencecovered by the order of reference vide notification No. F. 24(1558)/94-Lab./29734-39 dated 3/06/1994. The termsof reference in the present case are as under :"(1) Whether the workmen are entitled to increase inwages (a). Rs. 263 P.M. in terms of the settlementdated 5-3-91 and if so, to what relief are they entitledand what directions are necessary in this respect ?(2) Whether the workmen shown in Annexure A are entitleld to wages for the lockout period w.e.f. 20-3-94and if so, what directions are necessary in this res-pect ? (3) Whether the transfer of S/Shri Raghubir Singh, BirbalHans Raj, Sunder Vir, Pyare Lal, Dharam Pal, MamChand, Kishan Lal, Asha Ram, Sudhir Kumar, MithaiLal, Sukhu Ram, Ram Garib, Dhan Singh, AttarSingh, Prabhu and Ram Pher is legal and/or justifiedand if not to what relief are they entitled and whatdirections are necessary in this respect ?"

(3.) The first term of reference relates to a settlement which isalleged to have been reached on 5/03/1991 between themanagement and the workman whereunder increase in wages ofRs. 263 per month was provided for while the second term ofreference pertains to workmen shown in Annexure-A to the orderof reference who are alleged to have been locked out w.e.f. 20thMarch 1994.