OIL PALM INDIA LTD. Vs. THE GENERAL SECRETARY, OIL PALM INDIA PLANTATION STAFF ASSOCIATION (AITUC) AND ORS.

JUDGEMENT

(1.) Whether the employees who went on strike for 37 days are entitled to the wages, for the period in which they kept away from their work, was the question referred to the Industrial Tribunal and the question raised herein; to assail the award which granted 50% of such wages to the workmen. The Industrial Tribunal has noticed the decision of the Honourable Supreme Court in Statesman Ltd. Vs. Their Workmen, 1976 AIR(SC) 758 to find that the discretion is of the Tribunal, to decide as to the payment of wages during the strike period. Normally, a discretion exercised by one authority would not be interfered with, especially under Article 226, where extraordinary powers are invoked to correct patent illegality or blatant perversity.

(2.) The learned counsel appearing for the Management would seek to distinguish the aforesaid case and would argue that the discretion exercised in the present case is patently wrong. The respondent would contend that the Industrial Tribunal having found the demands to be justified and having found the strike undertaken by the workmen to be legal, there could be no interference in the discretion exercised.

(3.) The cause of action for the strike was a dispute with respect to equalization of pay. The workmen claimed that in all other public sector undertakings, there was pay parity with the Central Government employees and the Management Company, which was running at a profit; has not equalised the pay structure, with that of the Central Government employees or with that of the other public sector undertakings. The Management however contented that the Board could not take a decision by itself being a fully owned Government Company with 51% shares held by the State Government and 49% held by the Central Government. Necessary approval of the State Government has to be obtained, for equalizing the pay structure. In any event, there was equalization, but however, by reason of the Scheme of equalization, the workmen were one stage behind the Central Government employees. This was essentially the dispute on which the workmen struck work. Admittedly no conciliation proceedings were initiated by the workmen or the representative unions.