KONDAMMA Vs. INDUSTRIAL TRIBUNAL II HYDERABAD

JUDGEMENT

(1.) THE petitioners seek for a Writ of Certiorari to set aside the award of the first respondent -Industrial Tribunal -II, Hyderabad, dated 29.02.2000 in I.D. Nos.30 of 1999 to I.D.Nos.67 of 1999 and to grant consequential benefits to the petitioners.

(2.) THE petitioners have been working as Realers in the second respondent -Cotton Mills Limited. Contending that the second respondent obtained resignation letters from the petitioners by deceitful means and contending that the resignation letters of the petitioners are invalid, the petitioners raised Industrial Disputes that they be paid retrenchment benefit at Rs.1,00,000/ - less the amounts paid to each of the petitioners or for reinstatement of the petitioners. The Industrial Disputes were initially numbered as ID Nos.246 of 1994 to ID Nos.283 of 1994 before the Industrial Tribunal -III, Hyderabad. They were renumbered as I.D.Nos.30 of 1994 to 67 of 2004 before Industrial Tribunal -II, Hyderabad (the first respondent).

(3.) THE learned counsel for the second respondent submitted that there was a settlement between the Union and the Management and that the petitioners were consequently paid benefits as admitted by the petitioners. When the petitioners contended that they were not members of the Union which entered into the settlement, the learned counsel for the second respondent placed reliance upon Herbertsons Limited v. The Workmen of Herbertsons Limited (1976) 4 SCC 736)wherein it was observed that in a case of collective bargaining, acceptance of the settlement by every individual workman is not necessary. It is the contention of the learned counsel for the second respondent that when there is an agreement to retrench the petitioners, the amounts due to the petitioners under Section 25 -F of the Industrial Disputes Act, 1947 was paid to the petitioners, more so, where the petitioners voluntarily tendered their resignations.