The petitioner Neyveli Lignite Corporation I.T.I. Apprentice Welfare Association, filed the writ petition seeking for the relief of issuance of a writ of certiorarified mandamus to call for the records connected with the agreement dated May 18, 1995 entered between respondents 1 to 4 and respondents 5 to 19 before respondents 20 and 21 and to quash the same as null and void and direct the respondents 1 to 4 to reserve the 50% of semi-skilled/unskilled and skilled jobs to the members of the petitioner's Association in the Neyveli Lignite Corporation (hereinafter referred to as "N.L.C.)".

The case of the petitioner is that the members of the petitioner Association have completed I.T.I. Apprenticeship training under the N.L.C. on various trades. During the period of two and half years apprenticeship, the members were given stipend. According to the petitioner, the members of the petitioner Association were given training in different trade only to work with the N.L.C. in skilled position. After completion of the apprenticeship training, the members of the petitioner Association have registered with the Employment Exchange on the fond hope that they will be absorbed in the N.L.C. However, the respondents concluded a bipartite agreement between respondents 1 to 3 and 4 to 19 before respondents No. 20 and 21 to absorb candidates for the posts of unskilled/semiskilled and skilled from the contract labourers from Indico-serve and displaced persons, who have surrendered the property for expansion activity of the N.L.C. As per the agreement, the contract labourers, who are the members of the Indico-serve were agreed to be absorbed. The interest of the members of the petitioner Association is not taken care of. The members of the petitioner Association are entitled to 50 percent of employment as per the Central Government letter in D.O. No. DGET 1/85 AP dated January 24, 1983, whereby guidelines were issued by a Committee of Secretaries for absorption of trained apprentices. The said Government Order was upheld by the Division Bench of this Court in the case of Arul P. and 237 Others v. Tamil Nadu Electricity Board and Others in W.A. No. 375 of 1995, etc., batch, 1995 MAD 408 (Mad-DB).

Mr. Gandhi, learned senior counsel appearing for the petitioner contended that as per the Division Bench judgment of this Court referred to supra, the members of the petitioner association, who obtained training under the Apprentices Act are entitled to 50 per cent of the employment in the respondent Corporation in various cadres and any agreement entered into between the various trade Unions with the N.L.C. has to be set aside as the interest of the members of the petitioner Association has not been taken care of in the said settlement.

Mr. Sarma, learned counsel appearing for the N.L.C. by filing counter contended that the settlement, which is sought to be quashed in this writ petition, was a tripartite settlement under Section 12(3) of the Industrial Disputes Act, 1947 entered into between the Joint Council of Trade Unions of N.L.C. and the Management of N.L.C. on May 18, 1995 in the presence of Deputy Commissioner of Labour-II, Government of Tamil Nadu and Assistant Labour Commissioner, Madras (Central) in the course of conciliation proceedings held before the above said Officers of the State and Central Government, who have been arrayed as respondent Nos. 20 and 21. As the petitioner association was not composed of employees of the Corporation and they were not parties to the settlement dated May 18, 1995, and they are total strangers to the settlement who have no locus standi to challenge the settlement. The settlement has been in force for more than eight years and pursuant to the settlement, more than 2900 Indico-serve contract workers have been regularised by an absorption. The present writ petition is filed challenging the settlement of the year 1995 and the same has to be dismissed on the ground of lapse. He further contended that the p