HINDUSTAN LEVER MAZDOOR SABHA Vs. HINDUSTAN LEVER LIMITED

JUDGEMENT

(1.) The appellant filed a complaint in the year 1984 against the respondent-Management complaining unfair labour practices under Item of Schedule IV to the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (hereinafter called "the Act"). The main grievance made in the complaint was that the conditions of service of the field staff were unilaterally altered to their disadvantage by the order of the Management dated 30/6/1975 which was contrary to the settlement reached between the parties in the year 1971. It was further stated that the 1971 settlement was based on an agreement reached between the parties during the year 1957. The main thrust of the complainant was that the unilateral change in the conditions of service by the 1975 order was against the 1971 settlement which was based on the 1957 agreement. The Industrial court, Maharashtra framed the following 4 issues:

(2.) Issue 1 was decided against the Management and it was held by the Industrial tribunal that the field staff was entitled to the benefits accrued to them under the 1971 settlement. The other three issues were also decided against the Management. On Issue 2 the Industrial tribunal came to the conclusion that the complaint filed by the appellant was within limitation. The conclusion of the Industrial tribunal is based on the following reasoning:

(3.) The management challenged the order of the tribunal by way of a writ petition before the Bombay High court. The High court upheld the finding of the tribunal on Issue 1 but despite that allowed the writ petition and set aside the order of the tribunal on the short ground that the complaint filed by the appellant was barred by limitation. The High court reached the said finding on the following reasoning.