SHAUKANT ALI Vs. ECOMOMIC ENGINEERING CORPORATION

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE petitioners are challenging the Awards dated 24-3-1999, passed in reference (IDA) Nos. 493 of 1987 and 685 of 1989 by the Labour Court, mumbai. The challenge is two-fold, namely, that the Awards in question are not in accordance with the provisions of the Industrial Disputes Act, 1947, hereinafter called as "the said Act" in as much as that the same do not specify the ingredients of the definition of "award" under section 2 (b) of the said Act, the secondly, that the settlement, based on which the Awards were passed, was not fair and reasonable and the same totally ignored by the Labour Court while passing the impugned Awards.

(3.) DURING the pendency of the said two references for adjudication before the Labour Court, a memorandum of settlement was executed between the respondent No. 1 and the respondent No. 2, who was representing the workmen employed in the undertaking of the respondent No. 1 and on presentation of the same before the Labour Court in the said reference, it was marked cu-1 by the Labour Court and pursuant to the said settlement, the references were disposed of by the impugned Awards. In terms of the settlement, the respondent No. 2 agreed for acceptance of a lumpsum amount of Rs. 27 lakhs as full and final settlement in relation to all the demands and claims raised by it against the respondent No. 1 in the matters which were enlisted under the Annexed B to the said memorandum. It was further agreed that the amount of Rs. 27 lakhs was disbursed amongst the workmen.