WORKMEN Vs. INDIAN RARE EARTHS LTD

JUDGEMENT

(1.) Heard Ms.Jane Cox, learned Counsel representing the Appellant, Mr. Amit Sale representing Respondent No.1 and Mr. Dashrath A. Dube representing Respondent No.2.

(2.) This appeal by workmen challenges the judgment and order dtd. 26/7/2016 passed by the learned Single Judge whereby Writ Petition No.44 of 2004 filed by the Respondents has been allowed and the Award dtd. 19/5/2003 made by the Central Government Industrial Tribunal-2 Mumbai (CGIT) in Reference No.CGIT-2/116/1998 has been set aside.

(3.) Certain facts which are necessary to be noted for proper adjudication of the issue involved in this appeal are: that the Central Government, by means of an order dtd. 17/8/1998 referred an industrial dispute under sec. 10(1)(d) read with Sec. 10(2-A) of the Industrial Disputes Act, 1947 (Act of 1947). The Reference made by the order dtd. 17/8/1998 is as follows: "Whether the action of the management of Indian Rare Earths Ltd. in not absorbing the services of Mrs. Sujata S. Saradesai and 19 other employees of Co-op. Canteen Society Ltd., in Indian Rare Earths Ltd. is legal and justified? If not, to what relief the workmen concerned are entitled? "