R RAVEENDRAN Vs. QUILON COMMERCIAL AND INDUSTRIAL EMPLOYEES

JUDGEMENT

(1.) IN both the original petitions, Exhibit P-2 award of the second respondent-Industrial Tribunal, Quilon, is challenged. Petitioners contend that the maistries working in their factories are not regular employees, that they work only during temporary periods and that in an earlier case, viz. , I. D. 1 of 1983, their salary was raised while no relief was given to their claim regarding dearness allowance etc. , and so the Tribunal was not justified in passing Exhibit P-2 award. It is also contended by the petitioners that at any rate the second respondent was not justified in passing the award with effect from January 30, 1985.

(2.) ON a consideration of the evidence the second respondent held that the maistries are also entitled to get all benefits like other monthly paid staff in the companies, i. e. , basic pay, fixed dearness allowance, variable clearness allowance, leave amenities etc. , as claimed by the union. This Court cannot re appreciate the evidence and substitute its own finding in a proceeding under Articles 226 and 227 of the Constitution of India.

(3.) CONTENTION of the petitioners that the decision in I. D. 1 of 1983 would operate as res judicata in the present proceedings has to be considered. In I. D. 1 of the 1983, the Tribunal held that the maistries are entitled to enhancement of Rs. 65 per month in their basic pay from January 1, 1983. The Tribunal held that it is not in favour of changing the rate of dearness allowance indicated in the minimum wage notification. Petitioners maintain that in view of the award in I. D. 1 of 1983, Exhibit P-2 award cannot be sustained as the former award operates as res judicata,