LIPTON INDIA LIMITED Vs. INDUSTRIAL TRIBUNAL NO LL

JUDGEMENT

(1.) A refeience was made by Delhi Administration to the Industrial Tribunal and Labour Court on 1.1.1985 regarding an industrial dispute between the parties. Reference reads-

(2.) The workmen filed their claim. The management filed its written statement on 2,4.1986. The petitioner filed an application for amendment of the written statement. Through the impugned order the Industrial Tribunal rejected the application for amendment. It is this order which is challenged in this writ petition. The Tribunal has found that the application was belated, repetitive, argumentative, raising legil pleas and was malafide in certain respects.

(3.) The petitioner company used to engage Workmen/Divisional Salesmen for sale of Tea produced by the company and certain commission was being paid to the Salsemen. This was included into the wages payable to the workmen. Sometime in 1979 the company changed this scheme and introduced the system of the Stockists. Although the Stockists were introduced, according to the petitioner, the old arrangement of payment of commission through the Salesmen continued. The reference purports to refer to this change in the arrangement.