FALCON TYRES LTD Vs. PRESIDENT FALCON TYRES

JUDGEMENT

(1.) This writ petition is by the management questioning the order dated 02.02.2012 passed by respondent No. 2 produced at Annexure and for declaration that the badli workers are not entitled for advance and ex gratia under the terms of the settlement dated 27.09.2010 on par with the permanent workers. Case of the petitioner is that, after protracted negotiations between the management and permanent employees of the petitioner company (Falcon Tyres Employees Union), a settlement was arrived between them on 11.03.2010 for the period from 01.10.2009 to 31.12.2012. However, the 1st respondent - Union of badli workers was not part of the Union representing the permanent employees. The Union representing permanent employees also gave a letter dated 22.09.2011 inter alia stating that the badli workers are not the members of their Union.

(2.) The Union of permanent employees had raised a demand for 20% bonus and 20% ex gratia payment for the period from 2009 to 2010 on actual earning of the workmen during the said period. In consonance with the said demand, a settlement was arrived at between the union and the management on 27.09.2010 as per Annexure inter alia agreeing to pay hike of Rs. 210/- over the previous year and an amount of Rs. 9,360/- to all the workmen towards bonus and ex gratia for the accounting year 2009-2010. Further, pending adjudication/award in Reference No. 43/2008 before the Industrial Tribunal, Mysore, it was agreed for payment of Rs. 2,400/- (subject to attendance) as an advance (sic)nce of claim in addition to the payment (sic) and the said amount was agreed to be continued as advance till the decision is taken by the (sic) in case, the Tribunal holds in favour of the (sic)d advance amount was to be treated as 20% (sic) Act and remaining were to be considered as (sic). It was further agreed that the benefit would (sic) the period of three years i.e., 2009-2010, 2010-2011, 2011-2012 and 2012-2013.

(3.) It is contended that, the badli workers, being not the members of the said Union representing the permanent employees, the settlement arrived at between the management and the Union representing the permanent employees as such it was not applicable to badli workers. Accordingly, the management granted the bonus of Rs. 6,000/- to the permanent employees and correspondingly, badli workers were also paid bonus as against the number of days they worked.