JYOTI LIMITED Vs. JYOTI KARMACHARI SANGH

JUDGEMENT

(1.) This petition by the employer is directed against the award by the Industrial Tribunal in a reference under sec. 10(1)(d) of the Industrial Disputes Act whereby the Tribunal granted the demand of special compensation of Re. 1/- per day (the demand was for Rs. 8.00 per day) per each actual working day to each of the workmen who had been transferred from the pattern shop in the main factory of the company at Baroda to the pattern shop of the Company established by the Company at village Dashrath on National Highway no. 8 from the date they had been made to work in that pattern shop in that village.

(2.) Mr. V. B. Patel the learned counsel for the petitioner company has raised the two following contentious against this award:

(3.) Regarding the first contention it was pointed out that 29 out of 45 workmen who were sought to be transferred had filed complaints under sec. 33-A against shifting of the pattern shop and their apprehended transfers consequent thereof and it was contended that since such complaint was required to be adjudicated upon as if it were a dispute referred to the Industrial Tribunal subsequent reference would be barred. The terms of the settlement are as follows: The parties in the above matter beg to file this settlement as under: