V SRI RAM Vs. DELTA AIRLINES INC

JUDGEMENT

(1.) The petitioners herein were employed by the respondent No. 1 and consequent to the termination of their services upon the cessation of the operation in Delhi they approached the Conciliation Officer. After proceedings before the conciliation officer and his failure report, the petitioners came to this Court by CWP No. 1830/96 as to decision was taken on the reference of the dispute sought to be raised by them. On 12.11.97 this Court directed the Government to take a decision on the reference of the dispute within three weeks.

(2.) This writ petition is directed against the order dated 27.1.98 passed consequent to the direction of this Court dated 12.11.97 in CWP No-1830/96 by the Ministry of Labour, Government of India, declining to make a reference of Industrial Disputes on the ground that the entire establishment of the respondent No. 1 Delta Airlines has been closed due to economic considerations the retrenchment compensation was paid far in excess of the scales prescribed under the law. It is this refusal to refer the matter for adjudication which has been challenged in this writ petition under Article 226 of the Constitution of India by the petitioners who were the employees of respondent No. 1. On 27th January 1998 the following order impugned in the writ petition was passed by the respondent No. 2:-

(3.) During the pendency of the disputes several of the employees had settled the matter but the present petitioners have not settled the matter and are pressing for the resolution of the dispule by the Industrial Tribunal. However, it is contended by the respondent that out of 119 erstwhile employees 60 were given employment in other establishments, 12 were transferred and a small number of the employees are still agitating. Efforts were made to settle the matter but since the matter between the present petitioners and the respondent No. I was not settled the writ petition was heard on merits. The order of this Court dated 18.2.99 reads as under:-