In the reference before CGIT, Mumbai management in its 'Written Statement' recorded its statement that Company had no jobs for workmen at its shifted place in Mumbai (which is the main dispute of the reference) also no jobs of the category of concerned workmen were being undertake in its business places (offices, plants, mfg. units) outside Mumbai. After 1 year Co. transfer concerned workmen outside Maharashtra to its plant & C&F agency. Workmen filed complanit u/s.33 A of Industrial Dispute Act 1947. Reference & complaint are allowed and also transfer orders quashed out & set aside. Now appeal is pending in Hon'ble Bombay HC for awards for reference & complaint. Now Company says that We are offerting jobs to concerned workmen to the earler transfer place but they are not willing to accept the same. CGIT in its award recorded conclusion that jobs are very much available for the concerned workmen of their category at Companies shifted place at Mumbai. Now the question is that Can Company take a stand like this which is stated above and which is contrary to its 'Written Statemen'?
