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DELHI HIGH COURT
A.K.SIKRI, RAJIV SAHAI ENDLAW
Thai Airways Employees Association – Appellant
Versus
Thai Airways International Ltd. – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J.
1. The challenge, in these Intra-Court appeals is made to the judgment dated 25th January, 2012 of the learned Single Judge allowing W.P.(C) No.80/2005 preferred by the respondent no.1 Thai Airways International Ltd. (Airlines) and dismissing W.P.(C) No. 2610/1991 preferred by the appellant.
2. The writ petition filed by the Airlines impugned the award dated 13th February, 2004 of the Industrial Adjudicator holding the termination of the employment of the appellants no.2 to 16 as illegal and in violation of Section 9A of the Industrial Disputes Act,1947 as well as the settlement dated 21st June, 1990 arrived at between the appellant association and the Airlines and axiomatically directing reinstatement of the appellants no.2 to 16 with full back wages and continuity of service. The writ petition filed by the appellant Association and the workmen sought mandamus for initiating action under Section 29 of the Act for failure of the Airlines to comply with, i) the terms of settlement dated 21st June, 1990 and also impugned the communication dated 15th June, 1991 of the Joint Labour Commissioner refusing to take action under Section 29 of the Act. The
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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