JUDGMENT :

1. Heard Mr. P.K. Tiwari, learned Senior Counsel for the petitioner assisted by Mr. K. Kalita, learned counsel and Mr. A. Dasgupta, learned Senior Counsel for the respondent, assisted by Ms. B. Das, learned counsel.

2. By filing this petition, under Article 226 of the Constitution of India, the petitioner is assailing the Award dated 25.01.2018 passed by the Labour Court, Guwahati in Reference Case No. 02/2017 published by Letter No. GLR.20/2017/2024 dated 17.02.2018.

3. The brief facts of the case are as hereunder:-

The Government of Assam in exercise of its power conferred under Section 10 (c)(e) of the Industrial Dispute Act, 1947, referred a dispute before the Labour Court of Assam at Guwahati for its adjudication with the following terms of reference:-

i) Whether the management of M/S Assam Carbon Products Limited, Birkuchi, Narengi, Guwahati 781026 is justified in denying the payment of Rs. 1,00,00,000/- (Rupees one crore) only committed in terms 2 (d) of the Memorandum of Settlement (MoS) dated 21.02.2012 to the Workmen now?

ii) If not, whether the workmen are entitled to the committed amount?

4. Upon receipt of the aforesaid reference, the Labour Court registered a reference case being Reference Case No. 2/2017 whereupon notices were issued to the Management of Assam Carbon Products Limited and to Assam Carbon Worker’s & Employees Union, Guwahati.

5. Pertinent that by the settlement referred in the Memorandum of Settlement (MoS) dated 21.02.2012, a lock out was lifted. Prior to that there was another lock out from 20.09.2007 to 24.07.2008 and the present settlement is with regard to the second lock out.

6. Both the parties submitted their written statement before the Labour Court whereafter the Labour Court adjudicated the said reference and rendered its Award on 25.01.2018 answering the reference in favour of the Union which was thereafter published by the Government of Assam on 17.02.2018. Aggrieved by the aforesaid Award, the present writ petition has been filed by the Management.

7. Mr. P.K. Tiwari, learned Senior Counsel submits that the impugned Award is perverse and that the Labour Court misread and misinterpreted the condition of settlement. He further submits that the Labour Court acted beyond its jurisdiction by questioning the MoS by observing that the Management did not make an effort to bring at least one of the signatories to the MoS dated 21.02.2012 from the side of Workmen to show that the said document was executed by the signatories after their full knowledge to the document and it was understandable to the person of ordinary prudence. In support of the aforesaid submission, he relies upon the decision of the Apex Court in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited & Others, reported in (1976) 4 SCC 736.

8. He further submits that the Labour Court by doubting the Settlement dated 21.02.2012, has travelled beyond the terms of reference and therefore committed manifest error. In support of the aforesaid submission, he relies upon the following decisions of the Apex Court:-

i) Oshiar Prasad & Others Vs. Employers in relation to Management of Sudamdih Coal Washery of M/S Bharat Coking Coal Limited, Dhanbab, Jharkhand, reported in (2015) 4 SCC 71 (para 22).

ii) Delhi Cloth & General Mills Co. Limited Vs. Workmen & Others, reported in AIR