( 1 ) IN Writ Petition No. 1563 of 2005, the employer has sought relief for quashing the failure report and the reference dated April 12, 2005. That reference was made at the instance of the Philips Employees Union, a registered trade union.

( 2 ) WRIT Petition No. 1564 of 2005 has been filed by the employer in respect of the failure report and reference order dated April 20, 2005 and seeks quashing of the same. That reference was made at the instance of Respondent Nos. 4 to 108, who sought reference as workmen of the employer company.

( 3 ) AS the issues involved in both the petitions are the same or similar they are being disposed of by this common order. Two petitions had earlier been filed before this Court being Writ Petition No. 3112 of 2004 and Writ petition No. 3175 of 2004. Those petitions were filed by the employees Union and the workmen who had accepted a Voluntary retirement Scheme (VRS) under a memorandum of Settlement dated December 10, 2001. The grievance of the petitioners in those petitions was that there was short fall in payment of VRS amounts and the employees were paid less commuted amounts and monthly pensions than what was promised in the settlement dated Dec

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