WORKMEN Vs. HINDUSTAN LEVERS LTD

JUDGEMENT

(1.) Delay condoned. Leave granted. Heard learned counsel for appellant and respondent.

(2.) Appellant is one of the Unions representing the workmen of respondent company. The workmen of the respondent company were receiving dearness allowance without any ceiling upto 1974. On 31.12.1974, a settlement was entered between the respondent and the another workers' Union (Lever's Karamchari Union) inter alia, providing for imposition of a ceiling on the dearness allowance. On 5.12.1977, another settlement was entered between the respondent company and the appellant Union, which ratified the settlement dated 31.12.1974. According to the respondent company, both the settlements dated 31.12.1974 and 5.12.1977 were duly registered.

(3.) Thereafter, the appellant Union went on agitating over the issue of ceiling on dearness allowance contending that the settlement dated 5.12.1977 was signed by persons who did not have authorisation on behalf of the appellant Union and, therefore, not binding on them. Ultimately, the appellant Union approached the High Court of Allahabad in Civil Misc. W.P. No. 24313/1989 seeking a direction to the State Government to exercise its powers under Section 4(Ka) of the U.P. Industrial Disputes Act and refer the dispute arising out of the 'imposition of ceiling on dearness allowance payable to the workmen' for adjudication. The High Court, by its order dated 30.7.1998, allowed the said petition and consequently dispute was referred to the Industrial Tribunal(V), Meerut and the reference was registered as Adjudication Case No. 42 of 1998.