JUDGMENT :

[Gaurang Kanth, J.]

1. The case at hand is a Writ Petition preferred under Article 226/227 of The Constitution of India. Petitioner No.1/The National Cooperative Union of India & Petitioner No.2/The management of National Cooperative Printing Press in the present case are aggrieved by the Award dated 03.09.2001 as corrected on 31.07.2003 passed by the Industrial Tribunal No. III, Delhi in I.D. No. 274/87 titled as The Management of M/s National Cooperative Printing Press, 4/2 Kirti Nagar Industrial Area, New Delhi and M/s National Cooperative Union of India, 3 Siri Institutional Area, Panchsheel Marg (behind Haus Khas), New Delhi-16 and Its Workmen as represented by Delhi General Udyog Karamchari Sangh (Regd.) G-119, Karampura, Najafgarh Road, New Delhi-15 (“impugned award”).

2. In the impugned award, learned Labour Court has held that the workmen were entitled to the same grades and pay scales and other facilities, i.e. HRA, CCA, DA, LTC, etc. which were given to their counterparts in Government Printing Press, w.e.f. 01.04.1982. Being aggrieved by the said decision, the Petitioners have prayed for issuance of a writ in the nature of Certiorari or any other appropriate writ thereby setting aside the impugned award.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION ARE AS FOLLOWS:

3. The case at hand centres around the dispute pertaining to disparity between the grades and pay scales awarded to the workmen of the management of Petitioner Nos. 1 and 2 and that of the employees of the Government Press.

4. Petitioner No.1 is a society registered under the Multi-State Cooperative Societies Act, 1984 (as amended in 2002) whereas Petitioner No.2 is a Factory registered under the Factories Act, 1948. Petitioner No.1 is running the Petitioner No.2 under the name & Style of National Cooperative Printing Press.

5. The appropriate Government vide its Order No. F.24(359)/82-Lah./5997, dated 1.4.1982 had sent up an industrial dispute existing between the Petitioners and its workmen as represented by Delhi General Udyog Karamchari Sangh (Regd.) for adjudication to the Presiding Officer, Industrial Tribunal No. 1, with the following terms of reference:-

"Whether the workmen employed by the management in their Printing Press are entitled to same grades/Pay Scale and other facilities i.e. House Rent Allowance, CCA, DA and L.T.C. etc. as are given to their counterparts in Govt. Printing Press and if so, what directions are necessary in this respect?"

6. The Respondent Union submitted its statement of claim wherein the workmen employed with the Petitioner No.2 claimed to be working under the direct control of the management of the Petitioner No.1 and complained of step-brotherly treatment being meted out to them by the management of the Petitioner No.1 who was not paying heed to the demands of the workmen for allowing the pay scales, House Rent Allowance, city compensatory allowance, D.A., L.T.C., Leave and Holidays Benefits etc. according to the Service Rules of the Petitioner No.1, although the same was allowed to the clerical staff. Even the pay scale, H.R.A., CCA, DA, ETC, and other benefits, which were applicable to the workmen of Government Press were not allowed to the applicant workmen. As per Para No.14 of the Service Rules of the Petitioner No.1 stipulated that the workmen were entitled to the scales of pay, which were not less than the pay scales fixed by Government of India for their corresponding employees. Having made the afore-stated claims, the workmen prayed that the management be directed to pay the same grades of pay-scale, D.A., H.R.A., C.C.A., L.T.C., etc. as given to the counterparts in the Government Printing Press and to apply Service Rules of the Petitioner No.1, to the employees working under the Petitioner No.2.

7. The claims of the workmen were contested by the management in the Written Statement wherein the management submitted that in view of the settlement between the management of the Petit