MANOHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Two trade unions and two workmen of the H.M.T. establishment at Kalamassery, are the petitioners herein, and the prayer is to quash Ext. P3 settlement and direct the conciliation officers of the State to initiate conciliation proceedings in respect of the charter of demands annexed to Ext. P2. The facts, as disclosed by the pleadings and the documents produced, are the following:

(2.) On 2-11-1978, the management of H.M.T. entered into a long-term conciliation settlement with all the then existing eight trade unions of the establishment. That settlement is Ext. P1, and clause (6) thereof provided:

(3.) The unions wanted the Central Government to consider the question of minimum wages and DA as provided for in clause (6), but the Government was not favourably disposed. The workmen went on strike from 26-12-1980, but that was called off on 16-3-1981. A conference was convened at New Delhi, when the Central Government, instead of conceding the claim for minimum wages, neutralisation and restructuring of wages on that basis, made a counter proposal to pay a lump sum of Rs. 700/- to all the workmen and to grant an extra allowance of Rs. 25/- per mensem from 1-1-1981, on condition that they agreed to extend the period of operation of Ext. P1 settlement The unions rejected the proposal; they stood firm on the demands made under clause (6) of Ext. P1. The Regional Joint Labour Commissioner convened another conference on 2-7-1981, and here again the management offered the "Delhi terms". This conference also failed. The Additional Labour Commissioner of the State called another conference on 7-7-1981, and at this conference, three of the unions agreed to accept the Central Government's proposal, and to extend the operation of Ext. P1 till 31-12-1982. Despite the objections of the other unions, Ext. P3 settlement was drawn up on that day incorporating the aforesaid terms, and the Additional Labour Commissioner countersigned it with the following endorsement: