UNION OF INDIA Vs. MAJUR MAHAJAN MANDAL

JUDGEMENT

(1.) This appeal on certificate is from the judgment of the High Court of Gujarat. The appellants 1 and 2 are respectively the Union of India and the Regional Provident Fund Commissioner. The 1st respondent is Majur Mahajan Mandal (hereinafter to be described as the union), a registered trade union representing the majority of the textile workers of the five textile mills of Baroda (respondents 2 to 6) who are not represented before us and who will be described hereinafter as the mills.

(2.) Since some time in 1973, industrial disputes in respect of dearness allowance (D. A.) had been pending between the union and the mills in five references before the Industrial Court, Gujarat, being Reference Nos. 406, 407, 408, 409 and 421 of 1973. the rate of D. A. for the employees in the cotton textile industry in Ahmedabad had earlier been fixed by an award of an Industrial Tribunal which will be referred to hereinafter as the Ahmedabad Rate. The prevalent D. A. in 1973 in the mills with which we are concerned was 90% of the Ahmedabad Rate. the union was raising the aforesaid disputes for increasing the D. A. to 100 % of the Ahmedabad Rate with effect from October 1, 1972. Hence the above references were pending before the Industrial Court.

(3.) As a result of negotiations between the parties during the pendency of the said disputes before the Industrial Court D. A. was agreed to be paid at the rate of 95 % of the Ahmedabad Rate of D. A. with effect from January 1, 1974, as will appear from an interim award of the Industrial Court dated June 21, 1974. Thereafter by further negotiations the disputes regarding D. A. were finally resolved by the mills and the union entering into a settlement on June 28, 1974, by fixing D. A. at 100 % of the Ahmedabad Rate with effect from January 1, 1974. Awards were later made by the Court in conformity with the said settlement in the pending disputes some time in August and September, 1974.