LAWS(KER)-1989-10-5

COCHIN SHIPYARD LIMITED Vs. INDUSTRIAL TRIBUNAL

Decided On October 27, 1989
COCHIN SHIPYARD LIMITED Appellant
V/S
INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

(1.) THE Cochin Shipyard Ltd. owned by Government of India is the petitioner.

(2.) EXT. P4 award of the first respondent is under challenge.

(3.) FACTS relevant and requisite to decide the issue arising for consideration, briefly stated are: The terms and conditions of service relating to wages and other monetary and non-monetary benefits and entitlements of workmen used to be fixed by Long Term Settlements entered into periodically by the Management and the trade unions representing the workmen. The Long Term Settlement which is relevant here is Ext. PI settlement dated 31. 8. 1981. Ext. P1 provides that it shall remain in force for a period of four years from 1. 4. 1980. Ext. 1 discloses that it was in full and final settlement of all issues raised by the unions, and that during its pendency there shall be no demand involving financial or other liability for the management or for any further increase in wages or allowances or alterations of any terms and/or conditions of service of workmen. Ext. P1 however, did not preclude the unions from raising the question of payment of bonus under the Payment of Bonus Act, 1965. Clauses in Ext. P1 covering the above aspects are clauses 37 and 38. They are extracted hereunder: -