(1.) This is an appeal from a judgment and order dated 11th July, 2005 in a writ application W.P. No. 1841 (W) of 2000, Eastern Coalfields Limited v. Union of India and others. By this judgment and order the award dated 1st December, 1988 passed by the Central Government Industrial Tribunal, Asansol in reference No.4 of 1989 was affirmed.

(2.) Hence, this appeal.

(3.) The issues involved are very short. But, proceedings emanating from the dispute have spread over three decades.

(4.) In the early 70s, when there was no nationalisation of coal. There was a public company North Dhemo Coal Company Ltd. with its principal office at Calcutta. This company owned a coal mine called Burradhemo Mines.

(5.) On and from 11th June 1972 the colliery was declared closed by its owners. All 1282 workers were discharged. This event gave rise to an industrial dispute. The owners, workers and the Central Government entered into a settlement, known as the tripartite settlement, on 13th September 1972. It appears that further to this settlement part of the mine was restarted with 600 workers.

(6.) Thereafter, the Coal Mines (Nationalisation) Act 1973 came into force. By this Act inter alia all rights of this colliery were transferred to and vested in the Central Government. This coal mine became the property of Eastern Coalfields Limited, a Government of India Company, the appellant herein. These 600 workers who had been re-employed were given work in other mines under the control of the Central Government, as this mine was declared closed on 16th May 1973.

(7.) The above tripartite settlement was interpreted by the workers who could not be absorbed as a promise by the then owners of the mine to reinstate them.

(8.) A substantial body of these workers asked the Government of India, Ministry of Labour to refer the dispute arising out of alleged non implementation of the tripartite settlement, under the Industrial Disputes Act. On 11.10.1988, a reference was made at the instance of T.K. Sarkar and 238 others, being respondent Nos.2 and 3 herein to the following effect: "Whether the General Manager, Sitarampore are of M/s. Eastern Coalfields Limited, Borachak House, P.O. Sitarampore, District -Burdwan, was justified in denying employment to Sri T.K. Sarkar and 238 others (list enclosed in the annexure A) the retrenched workmen of Burradhemo Colliery by not implementing of the tripartite settlement dated 13.09.1972. If not, to what relief the workmen are entitled and from what date?"

(9.) The appellants were not prepared to give any recognition to these workers. They said that they were retrenched by their earlier employer and were never taken back. Neither was there a promise to take them back in the future. That was the interpretation the appellant has put to the tripartite settlement. Further they say that by section 7 of the above Nationalisation Act, no liability of the erstwhile owner is assumed by the Central Government or the appellant Government company.

(10.) Both these contentions were rejected by the Tribunal. By its award dated 1st December, 1988, the Tribunal directed re-employment and till reemployment a lumpsum amount of Rs.7000/- and a payment of Rs. 1000/-per month to be paid to each of these workers till they attained the age of 60 years.

(11.) Against the award of the Tribunal the above writ application was preferred. After a detailed consideration of the cases of both parties the Honble First Court by the judgment and order dated 11th July, 2005 has sustained the award of the Tribunal and dismissed the writ petition. In this appeal, the selfsame points as had been urged before the writ Court have been strenuously urged. The rival contentions of the parties are narrated below: Learned counsel for the appellant has made various submissions: a) There was substantial delay in raising of this alleged industrial dispute. In support of this contention he has cited the cases of Assistant Executive Engineer, Karnatakav. S