COCHIN REFINERIES EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Peace is a priced commodity. This is particularly so in an industrial establishment where peace is to be purchased; but at what price

(2.) Petitioner, a registered trade union, represents the majority of workers in the 5th respondent establishment. The period of the 1996 memorandum of settlement expired in July 1998. It appears there were no serious efforts for a fresh settlement and on the unions issuing strike notice the 3rd respondent initiated conciliation proceedings. Petitioner and the 6th respondent are the two unions in the establishment. They initially moved with understanding in the matter of collective bargaining. But apparently at some stage the management got an edge over the collectivity and the management entered into a bipartite agreement with the 6th respondent alone. The story did not end there. 187 workers belonging to the petitioner union, still owing allegiance to the union, later came out to join the said bipartite settlement and as of now the management claims that 58.13% of the workmen have accepted the settlement. It is further submitted that being a just, fair and reasonable settlement it is only to be certified under S.12(3) of the Industrial Disputes Act.

(3.) It is the case of the petitioner union that the 3rd respondent has not been able to effectively conciliate and settle the differences. In the last conciliation held on 8.7.2002, according to the petitioner, the management showed a very rigid and anti labour attitude in order to defeat the morale and bargaining strength of the workers. The petitioner also submits that there were no sincere efforts on the part of the Conciliation Officer to persuade the management for a settlement; on the contrary the attempt appears to have been to close the discussions and as per Ext. P3 the same was closed. It would be profitable to extract the relevant portion of the Ext. P3 proceedings itself.