MANAGEMENT OF WOODLANDS HOTEL PRIVATE LIMITED BANGALORE Vs. WORKMEN OF WOODLANDS HOTELS PRIVATE LIMITED BANGALORE

JUDGEMENT

(1.) THIS petition is filed by the management of Woodlands Hotels Private limited, challenging the order dated 30-6-2004 passed by the Industrial tribunal, in I. A. No. 10 in ID. No. 101 of 1999.

(2.) FACTS in brief are as under: petitioner is a company incorporated under the provisions of the companies Act and is engaged in the business of Lodging and Boarding. The respondent-union served charter of demand on the petitioner in terms of Annexure-B. The conciliation failed. The State referred the charter of demands for adjudication to the Industrial Tribunal, bangalore. The said dispute is pending adjudication in ID. No. 101 of 1999. During the pendency of the dispute majority of the petitioner's workmen resigned from the membership of the respondent-union and joined another new general union called KTUC Union. The workmen of the petitioner after joining the KTUC Union submitted similar charter of demands in terms of Annexure-E. Petitioner filed an application before the Tribunal to implead KTUC Union also. KTUC Union also filed an application for impleading them as proper party. Respondent filed objections. Matter was heard and the application for impleading was rejected. Thereafter the workmen of the petitioner under the leadership of KTUC Union raised a dispute before the Labour department with regard to charter of demands. In the meanwhile, an illegal strike was commenced and the management made all efforts to stop the strike. Several representations were filed before the government authorities and an application for injunction LA. No. 2 was also filed before the Tribunal. Objections were filed by the workmen. The tribunal granted injunction for 15 days. The matter was taken to the civil Court. The Civil Court upheld the contentions of the workmen that the Industrial Tribunal has 110 power to grant such injunction as the same is not incidental to the main dispute referred to adjudication. The tribunal thereafter passed an order rejecting I. A. No. 2 in terms of annexure-J, Aggrieved by the said order petitioner filed an unsuccessful writ petition. Thereafter petitioner approached the Civil Court in O. S. No. 6094 of 2002 praying for injunction restraining the workmen from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner including the area where the rest rooms are situated. The Civil Court granted injunction as per order dated 2-12-2002 including the direction to police authority not to allow the workmen of the petitioner to interfere with the peaceful possession enjoyment of the petitioner and ingress and aggress rights inside within the hotel premises including the rest room area after duty hours except for taking rest during interval period in terms of Annexure-L. Same was not challenged. Respondent filed a suit in O. S. No. 14 of 1997 contending that as per their employment/service condition they are to be provided with the quarters. Ultimately, the respondent withdrew the said suit in o. S. No. 14 of 1997 and filed I. A. No. 10 before the Tribunal praying for injunction restraining the petitioner from interfering from the peaceful possession and enjoyment of the quarters. Objections were filed and various documents were placed before the Tribunal. In the meanwhile, disciplinary proceedings were initiated against the erring employees. Striking workmen formed a new union under the leadership one Sri shivashankar. Hon'ble Labour Minister called for conciliation and the disputes were settled in terms of settlement at Annexure-T. Petitioner filed I. A. No. 6 for a direction to the respondents for production of certain documents. Respondents filed a few documents. Tribunal thereafter allowed I. A. No. 10 in the case on hand. Order passed on I. A. No. 10 is challenged in this petition.

(3.) HEARD the learned Counsels for the parties and perused the material on record.