MANAGEMENT OF SCHNEIDER ELECTRICIT BUSINESS INDIA PVT LTD Vs. ADDITIONAL CHIEF SECRETARY; GENERAL SECRETARY

JUDGEMENT

(1.) The petitioner-Management is before this Court assailing the Government order dated 14.08.2014 at Annexure-E to the petition. By the said order, the first respondent has referred for adjudication of the dispute by way of demands raised by the second respondent- Union on behalf of the employees of the petitioner- Management.

(2.) The writ petition having been considered on merits was dismissed at the first instance by the order dated 01.04.2015. The petitioner-Management claiming to be aggrieved by the said order had filed an appeal in W.A.No.1613/2015. The Hon'ble Division Bench by its order dated 03.12.2015 allowed the appeal, restored the writ petition to its original number and remanded the matter to reconsider the same in the light of the observations made during the course of the order.

(3.) The contention of the petitioner-Management was that all 502 employees have signed individual settlements and as such the second respondent-Union cannot raise the Charter of Demands during the subsistence of such settlement. In that view, the Hon'ble Division Bench on taking note of such contention has desired that the single Judge reconsider as to whether there has been settlement arrived between the management and the workmen individually and whether all the workmen have signed separate settlements. It was observed that if all the workmen have arrived at individual settlements, there would exist no industrial dispute. If not, there is a scope of making the reference by the appropriate Government.