COROMANDEL FERTILIZERS LIMITED A COMPANY INCORPORATED UNDER Vs. PRESIDING OFFICER THE INDUSTRIAL TRIBUNAL CUM LABOUR COURT VISAKHAPATNAM

JUDGEMENT

(1.) This writ appeal is filed by the Management of Coromandel Fertilizers Limited, a company incorporated under the Companies Act, 1956, assailing the correctness of the order of the learned Single Judge dated 29.9.2000 made in W.P.No.9396 of 1999 dismissing the writ petition filed by the appellant company.

(2.) In the writ petition, before the learned Single Judge, it was contended that in view of sub-section(3) of Section 19 of the Industrial Disputes Act, 1947 (for short 'the Act'), the award passed by the Industrial Tribunal in I.T.I.D.No.6 of 1989 is not enforceable. On consideration of this contention in the context of the award passed by the Industrial Tribunal which is sought to be executed by filing an application under Section 11-B of the Act and also taking into account the subsequent settlement entered into between the parties under Section 12(3) read with Section 18 of the Act, the learned Judge recorded a finding that the award which is sought to be executed is not executable under Section 11-B of the Act. The learned Judge having held so directed the Industrial Tribunal to conduct necessary enquiry as to the fulfillment of the conditions of the award as to need and suitability for absorption of the 2nd respondent in terms of the award.

(3.) After hearing the learned counsel for the parties and with respect we are of the considered opinion that the direction now issued by the learned Judge was not warranted particularly in view of the finding recorded by the learned Judge referred to above with which we respectfully concur. The operative portion of the award sought to be executed reads as under;