MANAGEMENT, M/S. SCHNEIDER ELECTRIC I.T. BUSINESS INDIA PRIVATE LTD., BANGALORE Vs. GENERAL SECRETARY, AMERICAN POWER CONVERSION (INDIA) PVT. LTD., BANGALORE

JUDGEMENT

(1.) The respondent, American Power Conversion (India) Pvt. Ltd., Employees' Union, (for short 'the Union') is a Trade Union registered under the Trade Unions Act, 1926. The Union submitted a Charter of Demands on 14.08.2014, demanding increase in wages and for providing of other benefits to the workmen of the petitioner. Subsequently, the Union raised a dispute and the same was referred for adjudication to the Industrial Tribunal, Bangalore (for short 'the Tribunal'). The reference was registered in I.D.No.245/2014. Later, the case was transferred to the Additional Industrial Tribunal and registered in ADD No. 12/2016. In the said reference, the Union filed an application on 30th Aug., 2014 for interim relief i.e., for payment at the rate of Rs.5,000.00 per month per worker from 01.04.2014 till the disposal of the case. Statement of objections to the said application was filed on 27.09.2014, by the petitioner/management.

(2.) W.P.No.46815/2014 was filed to quash the Government order of reference dated 14.08.2014 to the Industrial Tribunal. The petition was dismissed on 01.04.2015. W.A.No. 1613/2015 filed by the Management was allowed, restoring the writ petition for reconsideration in the light of the observation made in the judgment. W.P. No.46815/2014 having been dismissed on 23.02.2016, W.A.No.536/2016 was filed and is pending.

(3.) The Union submitted another charter of demands dated 09.02.2015 to increase the wages and for providing other benefits to the workmen of the petitioner. The demands having not been met and Government having been approached, a reference was made for adjudication to the Tribunal and is registered in AID No.38/2015. The Union has filed claim statement on 28.10.2015. The Union also filed an application on 08.10.2015, under Sec. 10 (4-A) and Sec. 11 of the I.D. Act, 1947 read with Sec. 151, CPC, to grant interim relief at the rate of Rs.8,000.00 per month per workman from 01.04.2015 till disposal of the case. Counter to the said application by the Management was filed on 13.01.2016.