CHIEF GENERAL MANAGER, MAHANAGAR TELEPHONE NIGAM LTD Vs. GENERAL SECRETARY, BOMBAY TELEPHONE CANTEEN EMPLOYEES

JUDGEMENT

(1.) By the present writ petition instituted under Article 227 of the Constitution of India, the petitioner calls in question the legality and correctness of the Award dtd. 4/9/2017 rendered by the Central Government Industrial Tribunal No. 2 at Mumbai in Reference No.CGIT-2/18 of 1999, whereby the Tribunal has directed reinstatement of the concerned workmen with continuity of service along with full back wages.

(2.) The factual matrix giving rise to the present Petition indicates that the industrial dispute came to be referred by the Central Government in exercise of powers conferred under clause (d) of sub-sec. (1) read with sub-sec. (2A) of Sec. 10 of the Industrial Disputes Act, 1947, by Order No. L-40011/1/99/IR (DU) dtd. 5/4/1999 issued by the Ministry of Labour and Employment, Government of India, New Delhi.

(3.) The terms of reference, as formulated by the appropriate Government, are as follows: "Whether the action of the employer, Mahanagar Telephone Nigam Ltd., acting through its Chief General Manager at Prabhadevi, Mumbai, in retrenching the services of (1) P.S. Naik, (2) M.T. Masnaik, (3) S.K. Shetty, and (4) S. Kumar, who were employed at the Vile Parle Telephone Exchange, is legal and justified; and if not, to what reliefs are the said workmen entitled?"