SUNRISE INDUSTRIES Vs. SUNRISE INDUSTRIES UNIT WORKERS ASSOCIATION

JUDGEMENT

(1.) Petitioner - management is seeking for quashing of the award dated 14.3.2011 passed by the Industrial Tribunal, Bangalore in ID No. 10/2001 Annexure-A, whereunder, it has been held that respondent Workers Association is justified in demanding Dearness Allowance to the workmen with effect from 1.4.2000 as per Dearness Allowance fixed by the State Government under the Minimum Wages Notification as applicable to the Engineering Industries. Heard Sri K. Ramachandran, learned counsel appearing for petitioner and Sri M.C. Narasimhan, learned Senior Counsel appearing for respondent - Workmen. Perused the records of Industrial Tribunal. Bangalore.

(2.) Petitioner - management is engaged in the manufacture of textile looms and it is an Engineering Industry. Respondent - Workers' Association submitted Charter of Demands to the management on 9.3.2000, pursuant to which conciliation proceedings took place and a settlement was arrived at regarding revision of wages and increase in production. The terms of settlement arrived at was to be in operation from 1.4.2000 to 31.3.2001. One of the demands of the Association was for payment of Dearness Allowance as part of fair wages. On account of said issue remaining un-resolved, appropriate Government by order dated 2.2.2001 referred the said Dispute existing between workmen and management under section 10(1)(d) of the Industrial Disputes Act, 1947 to adjudicate as to whether the workmen were justified in placing their demands before management to pay Dearness Allowance along with fair wages as fixed for the Engineering Industries. On service of notice by the Industrial Tribunal on both parties, they appeared and filed claim statement as well as counter statement. On behalf of workmen, one witness by name Sri N. Manjunath was examined as WW1 and 7 documents were marked as Exs. W1 to W7. On behalf of management, one witness by name Sri Sundareshan, was examined as MW1 and got marked the documents produced as Exs. M1, M2(1) to M2(10). Industrial Tribunal by its Award dated 14.3.2011, answered the reference in favour of the workmen. Aggrieved by the said Award, management preferred Writ Petition No. 16197/2005 (L-MW) before this court and same came to be allowed by this court by order dated 1.9.2010. This court was of the considered view that there was non consideration of the case of either parties in proper perspective and point formulated ought to have been answered with reference to the materials placed on record by both parties and since such reasons were not forthcoming from the award, this court set aside the award and remanded the matter back to Industrial Tribunal for adjudication afresh

(3.) On such remand being made, no additional evidence was tendered by both parties. Industrial Tribunal, after considering the arguments advanced by the respective learned advocates by its award dated 14.3.2011 answered the point of reference in Affirmative and consequently allowed the reference by holding that workmen are entitled to DA as fixed by Government to the Engineering Industry with effect from 1.4.2000. Hence, the management has preferred this Writ Petition being aggrieved by the said award.