(1.) SINCE the common questions of law and fact are involved in these petitions, the same are being disposed by a common judgment.
(2.) A challenge has been laid by the petitioners to the award dated January 17,2006 passed in reference No. 129/2000 by the Presiding Judge, Himachal Pradesh Labour Court, Shimla.
(3.) IN sequel to the reference made by the State Government, the Union had filed its claim primarily contending therein that pursuant to the directions issued by the Hon'ble Supreme Court from time to time as many as 1841 workmen had joined their duties at Baddi and their terms and conditions of employment are required to be protected as per the directions issued by the Hon'ble Supreme Court in M.C. Mehta v. Union of India and Ors. : AIR1996SC2231 , more particularly, para 28(9) Clauses (a) and (b) thereof. The further case as set out by the Union before the Labour Court was that the workmen were entitled to variable dearness allowance on the - principle of 90% neutralization in accordance with Vaidya Lingam Award dated November 23, 1973 and the management could not make deductions from their wages. The management had contested the claim filed by the workmen primarily on the ground of maintainability of the reference and secondly on the ground that the Vaidya Lingam Award dated November 23, 1973 was applicable only to textile workers within the territorial jurisdiction of N.C.T. Delhi. The management had also pleaded that it was running into heavy losses and the workmen were being paid the same wages which they were getting at the time of closure of the factory at Delhi. The Labour Court on the basis of the pleadings of the parties had framed the following issues: