(1.) The case of the Petitioner is that Tuticorin Stevedores' Association, was taken over by the Tuticorin Port Trust.
(2.) On formation of Tuticorin Port Trust, a statutory settlement was entered into between the Petitioner and the Respondent No. 2, stipulating, to take over the services of the employees, working with the 2nd Respondent. The Petitioner was, therefore, under obligation to give employment to all the employees, after screening test.
(3.) Under the statutory settlement, the 2nd Respondent gave a list of 1926 employees, who were given employment, after screening test, conducted by the Petitioner. The Respondent No. 3 could not be subject to screening test, as he was not on the roll of the Respondent No. 2, being absent from duty, on account of registration of a criminal case against him.