LAWS(DLH)-2011-7-219

PRAKASH INDUSTRIES Vs. INDUSTRIAL TRIBUNAL NO 1 GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI TIS HAZARI COURT

Decided On July 11, 2011
PRAKASH INDUSTRIES Appellant
V/S
GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI Respondents

JUDGEMENT

(1.) In the present Writ Petition the Petitioner seeks quashing of the impugned Awards dated 5th December, 1995 of the Industrial Tribunal-I in ID No. 127/1982 and 7/1985 published on 1st January, 1996.

(2.) The employees in their claim had alleged that there were around 16 workmen employed with the Petitioner/management out of which 14 were from the Union and though they were required to perform the duties of skilled workmen they were being paid wages of unskilled workmen and were not given proper designation in accordance with the duties actually performed by them. The dispute actually confined to 11 workmen and it was alleged that except one, others are performing the duties of Machine Man and only three out of them were actually designated as Machine Man whereas the rest were designated as helpers. It was also alleged that they were not given their due share in the profits earned by the management and prayed that the designation to the workman be corrected as Machine Man be paid the arrears of the difference between the wages of the skilled workers and the helper w.e.f. 1st March, 1982, the management be directed to give an increment of Rs. 100/- per month to all the workmen and also grant increment @10% of their total wages every year

(3.) The management in its Written Statement inter alia took a preliminary objection that there was a settlement between the parties on 15th February, 1981 and the same being binding on all the workers, pending this reference was bad in law and not maintainable. The following issues were framed by the Tribunal to be decided in this reference: