ORDNANCE CIVILIAN KARAMCHARI SANGH Vs. COMMANDING OFFICER

JUDGEMENT

(1.) The challenge in the present writ petition by the Ordnance Civilian Karamchari Sangh, Bhartiya Mazdoor Sangh, Civil Lines, Jalandhar is to the impugned action of the respondents in not respecting and honouring the settlement dated 21.7.2008 (Annexure P-7) and as well as for the implementation of the order dated 11.4.2011 (Annexure P-10). Mr.Rajesh Sethi, learned counsel appearing on behalf of the petitioner-Union submits that the members of the petitioner-Union were recruited through proper channel-employment exchange in pursuance to the instructions issued by the higher authorities in the year 1994 and after putting in about 3-4 years of service, on 1.8.1994 the services of 184 workmen were terminated without issuing any notice, much less, any valid order and after the termination of the workmen, respondent No.2 conducted interview on 14.9.1994 for employment of fresh workmen, which was in utter disregard of the mandate contained in Section 25-H of the Industrial Disputes Act, 1947. The workers/Union were compelled to seek a reference and the Labour Court, on the basis of the consensus, passed an order dated 21.7.2008 (Annexure P-7). The relevant portion of the same is extracted herein below:-

(2.) Since the aforementioned award of the Labour Court was not acceded to, an application dated 14.7.2009 (Annexure P-8) was submitted to the Presiding Officer and on directions of this Court contained in the order dated 15.02.2011 passed in Civil Revision No.1049 of 2011 (Annexure P-9), it resulted in settlement between the Management and the petitioner-Union vide order dated 11.4.2011 (Annexure P-10). It has further been submitted that despite the settlement, the respondents did not honour the same, which necessitated the petitioner-Union to send a legal notice dated 1.10.2011 (Annexure P-11), but the respondents did not adhere to the same, rather vide Annexure P-12 dated 14.11.2011 issued a publication inviting applications for recruitment of Mazdoor and Firemen by fixing the age limit as 18-25 years and minimum eligibility qualification as matric. It has also been submitted that during the interregnum, i.e., in the year 1996, 25 persons, vide Annexure R-4, have been taken into job.

(3.) The notice dated 12.11.2011, alleged to have been sent through registered post two days before the advertisement (Annexure P-12), was an attempt to comply with the settlement, which though was motivated for the reason that the cases of all the petitioners were rejected without communication of any order on the ground that they did not fulfill the eligibility conditions and, thus, such action of the respondents/Management amounted to unfair labour practice.