MOTOR INDUSTRIES CO LTD Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) These 5 writ appeals are presented against the common-order made in the 5 writ appeals presented by the appellant, in which, it had challenged the five references made, by the State Government in exercise of its powers conferred under Section 10 of the INDUSTRIAL DISPUTES ACT, 1947 (Act for short), aggrieved by the order of dismissal of the writ petitions.

(2.) The undisputed facts of the case are these: N.G. Nagaraj, Albert Sud.arshan, R. Anthony Raj, Chandrasekhara Reddy and K.T. Jagadish (hereinafter referred to as the Workmen) were workmen in the employment of the appellant. They had been dismissed from service in the year 1980, 1981 and 1982. As certain industrial disputes with which the workmen were concerned were pending before the Labour and the Additional Industrial Tribunal, Bangalore, which attracted provisions of Section 33 of the Act, applications seeking approval of the Labour Court or the Industrial Tribunal, as the case may be, to the orders of dismissal from service of the five workmen were filed. During the pendency of the said applications, a settlement was entered into between the Mico Employees' Association which is the sole Association of the workmen employed in the appellant-Industry and the appellant. The major part of settlement concerned with number of workmen who had been dismissed or suspended from service during the year 1980 to 1982. At this stage it is necessary to mention that on 24-1-1981 there was a large scale violence in the factory and thereafter on 2nd and 5th of May 1981, as many as 60 workmen had been dismissed from service, and thereafter an abnormal situation was prevailing in the factory for considerable period. After normalcy was restored and the factory began to function, a draft agreement was prepared containing inter-alia the terms of settlement regarding all the dismissed workmen during the year 1980, 1981 and 1982. Having regard to fact that the terms of the settlement affected several workmen dismissed from service, the Employees' Union decided to hold an opinion poll regarding the terms of settlement, among the members of the Association. The notification regarding the opinion-poll is produced as Annexure 'B'. It reads: "Mico Employees' Association Reg. No.147. OPINION POLL REGARDING THE PROPOSED SETTLEMENT CONCERNING DISMISSED AND SUSPENDED WORKMEN Friends, You are aware that in the past four years the Management had initiated disciplinary proceedings against 108 workmen with the result that some were dismissed from services and some others were suspended pending enquiry. Regarding the events of April 29, 1981, 39 workmen had been dismissed. All the cases of dismissal are pending before the Additional Industrial Tribunal and the Labour Court. On June 20, 1984 you had elected the present team of office- bearers, Members of the Executive Committee and of the General Council. We had expressed our gratitude to you for reposing confidence in us and we had assured you that we would take up two urgent matters viz: 1. Reimbursement of 8 days' wages deducted on account of one day's strike and 2. Resolving matters of dismissed and suspended workmen. With this end in view, we have put-forth our honest efforts. Pursuant to our negotiations, the Management have reimbursed 8 days' wages. Out of 48 suspended workmen, the Management have already taken back for work 39 workmen. Now the Management have agreed to take back for work another 8 workmen. Enquiries are in progress with regard to two suspended workmen. Out of 39 workmen dismissed in connection with the events of 29- 4-1981, the Management have agreed to take back for work 29 workmen. In addition, another 8 dismissed workmen will also be taken back for work. Out of 107 affected workmen, 84 workmen will have gone back for work, cases will go on in respect of 11 dismissed workmen and compensation will be paid to 10 dismissed workmen. TERMS OF SETTLEMENT 1. Out of 39 dismissed workmen concerning the events of 29-4- 1981, 29 will be taken back for work and compensation will be paid to the remaining 10 workmen. 2. Out of the 10 workmen those who have served for 12 years as on the date of dismissal will be paid Rs. 70,000/- and those who have served for more than 12 years will be paid Rs. 90,000/- as compensation. In addition they will be entitled to PF and Gratuity.

(3.) Workmen who were dismissed before 1984 and taken back for work will be paid Rs. 7,500/- and those dismissed during 1984 and taken back for work will be paid Rs. 4,000/- as relief.