S DURAI RAJ Vs. PRESIDING OFFICER

JUDGEMENT

(1.) PETITIONERS, seven in number, are quondam employees of the second respondent. They have prayed for issuance of writ of certiorari to quash the common award dated 20.11.1996 in I.D.Nos.970 to 976 of 1990.

(2.) THE petitioners are part of 113 workmen under the second respondent, who were not given employment by the second respondent. At that stage, the recognised union, namely, Working People General Workers Union, represented by the Secretary had raised I.D.No.33 of 1979 relating to the question of non-employment of 113 workmen. THE Industrial Tribunal, vide award dated 18.4.1990, even though found that non-employment was not justified, did not direct reinstatement of the affected workmen, but on the other hand directed that 113 workmen were entitled to one month's wages in lieu of notice and were further entitled to compensation equivalent to 15 days average pay for every completed year of continuous service or any part thereof in excess of six months.

(3.) WHILE considering the question as to whether settlement arrived between the Union and the Management under Section 12(3) of the Industrial Disputes Act was vitiated by fraud, it was observed that such question cannot fall within the purview of the writ petition. It was further observed: