JUDGMENT:

ARIJIT PASAYAT, J.

Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Karnataka High Court upholding the view of the learned Single Judge directing the appellants to appoint respondent No.1 (hereinafter referred to as the workman) in an appropriate vacancy in terms of Clause 4 of the Settlement dated 29.1.1979.

Factual position in a nutshell is as under:

Respondent No.1 was working as a nominal muster roll workman with the appellant No.1- Karnataka Power Corporation Ltd. (In short "Corporation"). On 29.1.1979 a settlement was arrived at in terms of Section 12(3) of the Industrial Disputes Act, 1947 (in short the Act). Clause 4 of the Settlement which is relevant reads as follows:

"Casual Labour- Casual workmen who have worked for a period of not less than 240 days during a period of 12 calendar months are agreed to be brought on monthly establishment from the first of the following month effective from 1.10.1978, subject to availability of vacancies. The surplus workmen, if any, will be kept on the waiting list and appointed as and when vacancies occur. In the case of workmen who are not provided with work during monsoon period, t