GUJARAT AUDHYOGIK KAMDAR Vs. ALINDHRA REX PRO ENGINEERS

JUDGEMENT

(1.) Heard learned advocate for the parties. This petition is filed by General Secretary of Gujarat Audhyogik Kamdar Sangathan, a registered Trade Union, challenging the award and order passed by the Labour Court, Surat on 6.6.2001 in Reference Demand No. 7/97, Reference Demand No. 9/97 and Reference Demand No. 10/97 ordering payment of only Rs. 4,000/- to the workmen named thereunder and rejecting the references qua the demands made thereunder for the reasons recorded therein. The facts in brief, as could be culled out from the memo of the petition deserve to be set out as under for appreciating the rival contentions of learned advocate for the parties.

(2.) The respondent No. 2 viz. M/s. VG. Industries, had terminated the services of 13 workmen by way of retrenchment on 13th December, 1996. This action of management was considered to be untenable in the eye of law, therefore, agitation was made. The workmen of other companies run by the same management group viz. 11 companies protested the management's action. Therefore, the management brought about termination of all workmen by way of retrenchment vide order dated 25th December, 1996. This action of retrenchment was said to be an action of retaliation against the protesting workmen as the workmen protested against the illegal termination by way of retrenchment of 13 workmen brought about on 13.12.1996 as stated hereinabove. The workmen whose termination was brought about by way of retrenchment on 13.12.1996 accepted the dues and orders by endorsing therein that it is accepted without prejudice and under protest. After the said compensation was accepted, the workmen raised industrial dispute and also raised demand which was subjected to conciliation proceedings. Ultimately, on failure of conciliation proceedings, the competent Government made reference, which came to be registered as Reference Nos. 7/97, 9/97 and 10/97 as mentioned hereinabove as by and large the facts were common. The common evidences were led. The workmen union made application for consolidating the three references and passing common judgment, which was accepted and accordingly the award dated 6.6.2001 came to be passed, wherein the Court ordered that the workmen were only entitled to receive Rs. 4,000/- in all over and above the amount of retrenchment compensation as the compromise efforts made with other workmen were successful and all other workmen, who were retrenched along with workmen in whose behalf the reference survived were also therefore, entitled to receive the amount of Rs. 4,000/- only. The workmen's other demands and challenges were negatived.

(3.) Being aggrieved and dissatisfied with this order present petitions are filed under Article 226 as well as 227 of Constitution of India. By way of interim order, this Court (Coram : K.M. Mehta, J.) (as he then was) ordered the respondents to pay Rs. 4,000/-, which was ordered in the judgment impugned and admitted the matter on 24.9.2001 and it was sent before this Court for final disposal.