SANTOSH KUMAR Vs. UOI

JUDGEMENT

(1.) At the instance of the Container Corporation of India Employees Union (which has not been made a party to the present petition), the following reference came to be made under Section 10 of the Industrial Disputes Act, 1947:

(2.) While the said reference was pending and the matter was listed next before the Industrial Adjudicator on 16 th March, 2006 for cross examination of the workmen, an application dated 3 rd January, 2006 came to be filed before the Industrial Adjudicator on behalf of the Union aforesaid. In the said application it was inter alia stated that the Union during the pendency of the proceedings before the Industrial Adjudicator had come to know that a Scheme viz. Policy on Grant of Incentives for Adopting Small Family Norms was in existence in the respondent No.2 Container Corporation of India Ltd. (CCIL); it was further stated that the Union was satisfied about the existence of the said Scheme and that the employees / workmen of the CCIL were availing of the benefits under the said Scheme; the Union expressed its acceptability of the said Scheme and applied for making of an award holding that in view of the Scheme prevalent in the CCIL, no further relief was called for.

(3.) On the aforesaid application of the Union, statement was recorded by the Industrial Adjudicator on 4 th January, 2006 of Mr. Vinay Kumar Chaudhary, President of the Union and the Industrial Adjudicator decided the reference in accordance with the said Policy / Scheme in the CCIL of which existence was admitted by the Union.