THE SECRETARY, MYPOWER MAZDOOR WELFARE UNION Vs. THE MANAGEMENT OF KARNATAKA POWER CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) The petitioner -Union is before this Court assailing the award dated 06.04.2006 passed by the Industrial Tribunal in I.D. No. 28/1988 impugned at Annexure -J to the petition. Consequent thereto, the petitioner is seeking that the Charter of Demands at Sl. Nos.01 and 29 be upheld on declaring the settlement dated 12.06.1987 as not binding on the petitioner. On doing so, a direction to pay the arrears is also sought.

(2.) The petitioner, the fourth and fifth respondents are registered Trade Unions representing different sections of the workmen in the first respondent - Corporation. The fourth respondent is stated to be the recognised Union based on the check off system. The fourth and fifth respondents put together represent a major portion of the workmen. All the Unions submitted their separate Charter of Demands during January 1986 on the earlier settlement dated 31.12.1982 coming to an end on 31.12.1985. The same resulted in conciliation proceedings as required under Section 12 of the Industrial Disputes Act, 1947 ('I.D.Act' for short). During the pendency of the proceedings the fourth and fifth respondent Unions entered into a settlement dated 12.06.1987 with the first respondent -Corporation and the proceedings was concluded. The petitioner -Union contends that Demand Nos.1 and 29 relating to pay fixation and promotion raised by them have not been resolved or included in the settlement and they are not signatories to the settlement and as such the same is not binding on them.

(3.) Despite the same, since the Government had refused to refer the same for adjudication, the petitioner -Union was before this Court in W.P.No.14176/1987. This Court through the order dated 25.11.1987 quashed the endorsement dated 07.09.1987 and directed that the dispute be referred to the appropriate Labour Court which resulted in the reference in I.D. No. 28/1988. At the first instance, the reference was rejected by the Industrial Tribunal by the award dated 27.09.1996. The petitioner -Union assailed the said award before this Court in W.P.No.21279/1997. This Court through the order dated 02.01.2003 set aside the award and remanded the matter to the Industrial Tribunal to decide denovo without being influenced by the observations made by this Court. Though the first respondent -Corporation had assailed the remand made, in W.A.No.1954/2003 contending that the same is contrary to the legal position, liberty was reserved to urge that contention before the Industrial Tribunal and the appeal was dismissed by the order dated 24.06.2003. Pursuant to such remand, a detailed consideration is made by the Industrial Tribunal and the present impugned award dated 06.04.2006 is passed whereby the settlement dated 12.06.1987 is upheld on holding that the demands raised by the petitioner -Union is without substance. The petitioner -Union claiming to be aggrieved by the same is before this Court in this petition.