FALCON TYRES LTD., MYSORE, REP. BY ITS COMPANY SECRETARY Vs. FALCON TYRES EMPLOYEES UNION, REP. BY ITS GEN. SECRETARY

JUDGEMENT

(1.) M/s. Falcon Tyres Ltd. - the Management is before this Court for writ of Certiorari to quash the award dated 25.8.2008 made in Ref. No.161/1999 passed by the Labour Court, Mysore at Annexure-F allowing the reference in part and clarifying that the wages paid to 611 workmen as appended to the order of reference for the period from 9.11.1996 to 29.11.1996 shall be deemed to be the wages for the said period and the advance paid by the Management stands automatically adjusted.

(2.) It is the case of the petitioner-Management that it is engaged in the manufacture of tyres and the respondent-Union is a Trade Union constituted by the workmen of the petitioner-Management. The respondent-Union demanded bonus at the rate of 20% for the year 1.4.2005 to 31.3.2006 and in addition, exgratia payment of 20% of the wages. The Petitioner discussed with the respondent-Union and explained to the respondent-Union that on account of its financial difficulties, it is not possible to concede to their demands and hence requested to scale down its demand as it was not only illegal but unjust The respondent-Union was not prepared to scale down the demand. To bring pressure on it to agree to the unreasonable demands, the respondent-Union and its members resorted to various modes of agitation disrupting the normal working of the establishment. In fact, it filed a suit before the Civil Court, Mysore seeking an order of injunction to prevent the respondent-Union and its members from disrupting its normal work and an order of temporary injunction was granted on 27.9.1996 made in O.S.No.2 1 5/1996. In spite of the injunction order, the respondent-Union and its members continued with their unlawful activities.

(3.) Thereafter on 7.11.1996, a settlement was arrived between the parties. According to the settlement, both the Management and the Union agreed to refer the matter of payment of wages to the former group of workmen for the said period for adjudication under the provisions of the Industrial Disputes Act and to the effect that efforts shall be made jointly to expedite the adjudication proceedings so as to receive the award at the earliest and preferably within three months. Accordingly, a reference was made.