(1.) NONE for the Petitioners. Mr.Rele, for the Respondent No.1 present.
(2.) THIS is an expedited matter, which is figuring on the Board since several weeks. When the matter is called out none appears for the petitioners. I have gone through the judgment with the assistance of the learned Counsel for the Respondent No.1. and see no reason to interfere with the order passed by the Industrial Court, Pune, for the following reasons.
(3.) FROM the record it is seen that the major submission on behalf of the petitioners was that no notice of change had been given and consequently the Standing Orders had not been amended as required by law, there was a breach of Item 9 of Schedule IV. From the order of the Tribunal, it is apparent that the petitioners have availed of the benefit under the settlement. Once having availed of the benefits the petitioners cannot now turn around and contend that in respect of a part of the settlement they will reap the benefits and in respect of the other part of the settlement they can avoid the same. In fact from the order it is further seen that benefits have been given to the Petitioners till they completed the age of 60 years. This is reflected in paragraph 19 of the order of the Industrial Court.