The need to raise an industrial dispute instead of filing a writ petition when challenging employment-related decisions under the Industrial Disputes Act.

( 1 ) AT the time of preliminary hearing, this court ordered status quo and issued rule. The respondents 1 and 2 have immediately appeared and filed statement of objections with an application for vacating the order of status quo. After taking consent of the learned advocates on both the sides, the writ petition is heard on merits for final disposal.

( 2 ) THE facts of the case in brief are as under:the general secretary of the minerva mills now (national textile corporation) labour union has filed this writ petition under articles 226 and 227 of the Constitution of india, for issue of an appropriate writ or Order, declaring that the first respondent should not coerce the petitioner to accept the proposed terms and conditions of the settlement as per Annexure 'd' and issue a mandamus to adopt the methods in accordance with law as contemplated under the Provisions of Industrial Disputes Act, instead of using violence and further to restrain the management from bringing 7,000 spindles along with the machineries and 200 permanent employees from the Mysore mills (hereinafter referred to 'as mills' ).

( 3 ) THE petitioner is a majority union in the minerva mills. Both Mysore mills and minerva mills are owned and run by the national textile corporation (a. p. k. k. and m. Ltd. ). Both the mills are engaged in spinning and weaving of textile goods and located within the radius of 2 kilometres. On 18-1-1990, there was a huge fire accident in the Mysore mills resulting in the destruction of a major part of the spinning department and preparatory machinery including large portion of the building. Out of 36328 spindles about 16808 spindles were gutted by fire and the balance of 19520 spindles were left after salvage. Due to want of preparatory machine, which gutted in the fire and also for want of accommodation these spindles were kept unused. The work was suspended for some months. The mill before the fire accident, has employed 1724, of whom 1306 were permanent. After the work of the mill was resumed in the weaving department, it was possible to provide only 550 workmen. 600 employees (attached to spinning department are without any work and they have been laid-off. It is found, after examining of the spinning department, the new building has to be constructed with a huge capital of about Rs. 12 crores. Therefore, the management offered voluntary retirement benefit. About 677 employees availed and retired voluntarily.

( 4 ) THE national textile corporation considering the ways and means of relieving the hardship caused to the workmen to relieve them from unemployment, found feasible to shift 7,000 spindles to the petitioner mill where there was spare preparatory capacity as well as spare accommodation to house 7,000 spindles and provide job for 200 workmen on these spindles. Therefore, the management entered into a settlement with the union of Mysore mills on 18-9-1991 to relieve the difficulty faced by the workmen to some extent.

( 5 ) ANNEXURE 'b' to the writ petition is the memorandum of settlement under Section 12, sub-clause (3) of the Industrial Disputes Act. Some of the salient features of this settlement is worth noting for proper disposal of this writ petition. Terms of settlement" (A) both the parties have agreed to shift immediately about 7,000 spindles along with the available preparatory machines and post spinning machines to minerva mills premises; (b) x x x x x x x; (c) it is also agreed to provide employment to 200 permanent workmen immediately for jobs like cleaning, dismantling, shifting and erection of machinery etc. And subsequently to work on the machines in the new premises; (d) x x x x x x x; (e) it is agreed that in addition to giving work to all the permanent workmen, the casual workers of Mysore spinning and manufacturing mills will be provided minimum of 24 days (twenty-four) of employment in a month subject to their presenting themselves for work on all working days in a month; (f) xxxxxxx;