M. Seetharama Murti, J.

This writ petition, under Article 226 of the Constitution of India, by the Chief General Manager, HPCL, Visakha Refinery (hereinafter, 'writ petitioner') filed against the General Secretary, HPCL Employees Union (Visakha Refinery) (CITU) (hereinafter, 'respondent') is directed against the Award, dated 09.05.2005, of the learned Chairman, Central Government Industrial Tribunal-cum-Labour Court, Hyderabad, passed in I.D. No. 170 of 2002.

2. I have heard the submissions of Sri Dr. P.B. Vijay Kumar, learned counsel appearing for the writ petitioner and of Sri A. Satya Prasad, learned senior counsel representing Sri Prakash Buddarapu, learned counsel appearing for the respondent.

3. The facts, which are necessary to be stated as a prelude to this order, in brief, are as follows:

A major fire accident took place in the premises of HPCL, Visakha Refinery, on 14.9.1997. In the said accident, many lives were lost and extensive damage in crores of rupees occurred to the units of the Refinery and its buildings. Houses in the vicinity were also damaged due to explosions. The unit was shut down, for disaster management, i.e., for repairs, restructuring and installation of new machinery in place of the damaged ones et cetera. Production in the refinery was halted upto February, 1998. About 189 employees approached the writ petitioner, on 01.12.1997, and asked for provision of basic amenities such as toilets, water, canteen, shelter et cetera. According to the said employees instead of listening to their grievances and providing the amenities, the management of the Refinery displayed, a letter, dated 01.12.1997, on the Notice Board, deducting the wages of the said employees for 9 days (1+8 days). According to the writ petitioner, the said workmen of the Refinery proceeded to the Project office instead of reporting to duty at their respective work places and that they crowded at the reception and corridor restricting the inward and outward movements of the officers and also held in confinement, the Executive Director, Visakha Refinery, General Manager (Projects), General Manager (Operations) and other officials and that they interrupted the works to be attended to by the officers and other staff of the Refinery and they resorted to certain sudden illegal acts by not attending at their respective work places and that their concerted acts amounted to illegal strike. Thus, both parties justify their respective stands and actions. The respondent Union approached the Assistant Commissioner of Labour (C) and submitted the grievances of the said employees. Conciliation proceedings were called for. The management of the writ petitioner did not attend the conciliation proceedings. On failure of the conciliation, the matter was referred to the Ministry of Labour, Government of India. The respondent filed a claim application. The same was resisted by the writ petitioner. The learned Chairman of the Tribunal answered the reference as follows:

"Accordingly, the reference is answered as follows:

The deduction of one-day wage of 109 employees is legal and justified. However, the 109 workmen are entitled for 8 days wages which was deducted. In the circumstances the Respondent is directed to pay the 109 workmen 8 days wages out of the 9 days wages deducted within 30 days from the date of publication of this award failing which they are entitled for the said amount with 6 percent simple interest per annum."

Aggrieved thereof, the writ petitioner is before this Court.

4. The case of the writ petitioner and the submissions made on its behalf, in brief, are as follows:

On 14.09.1997, a fire holocaust occurred in the premises of the Refinery. Seventeen buildings including Administrative building, Canteen, Dispensary, Laboratory, Yard Office, Training Institute, LPG Control Room, Workshop, CISF building at the main entrance and some other non-production buildings were destroyed. No production unit building was destroyed in the fire accident. T