CHEMICALS KAMDAR SANGH Vs. TATA CHEMICALS LIMITED

JUDGEMENT

(1.) The facts giving rise to the present Special Civil Application are as under : The petitioner union is a recognised union under the Code of discipline having majority membership of the workers working as tata Chemicals Limited, Mithapur, it raised a charter of demands for all the workmen of the company - Respondent against the order of Industrial Tribunal, Rajkot Dt. 17-7-1992. in Ref. (I.T.R.) 295 of 1988. No. 1. Respondent No. 2 is other unrecognised union and this unrecognised union of Tata Chemical Skilled Mazdoor Sangh also raised the demands identical to the demands raised by the petitioner union. On such charter of demands being raised on behalf of the petitioner union and respondent No. 2, the conciliation proceedings were held but the same failed and the appropriate Government made a reference to the Industrial Tribunal, Rajkot for adjudication of these demands raised by the petitioner union as also by the respondent No. 2 union. Two references were registered as (I.T.R.) 245 of 1988 and (I.T.R.) 263 of 1988 before the Industrial Tribunal, Rajkot. The petitioner union was represented in the reference filed by the respondent No. 2 union and the respondent No. 2 was also joined as party in the reference which had been made at the instance of the petitioner union. The petitioner union asked for the interim relief to the tune of Rs. 150.00 p.m. towards general demands pending adjudication of the reference and this interim relief was prayed in the statement of claim filed by the petitioner union in reference No. (I.T.R.) 245 of 1988. The demand of respondent No. 2 was for sum of Rs. 700.00. The Industrial Tribunal passed an interim award and granted Rs. 75.00 per workman per month and the interim relief prayed for by the respondent No. 2 was not granted. On 10-11-1991 the petitioner union arrived at a settlement with respondent No. 1 Company and this settlement was reduced in writing according to which the benefits of various kinds were agreed to be paid with effect from 1-1-1987 as per charter of demands. The settlement was produced before the Industrial Tribunal for passing the award in terms of the settlement. The respondent No. 2 union contended that no amount be given to the public charitable trust. The petitioner union filed reply explaining the reasons for the deduction @ 3%. The Industrial Tribunal by the impugned order dated 17-7-1992, has modified the terms of the settlement by saying that the condition contained in settlement, i.e., @ 3% of the amount shall be deducted and paid to Shri Chimanlal Shah and Somnath Dave Smarak Trust shall no more be effective and instead directed that 3% of the amount shall be paid into pension fund of each and every workman according to his claim. This order dated 17-7-1992 is under challenge in this petition.

(2.) The original term in question as per the settlement was as under :

(3.) Mr. A. K. Clerk appearing on behalf of the petitioner has submitted that the consolidated amount which can be otherwise made use of for the benefit of the employees of the Tata Chemicals as class will now go into the credit of the pension account of individual employee and thus the settlement which was arrived at by the union keeping in view the utilization of consolidated amount for the welfare of the working class will go to the individual and thus the whole purpose of the union's objective to foster for the welfare of united workers stands defeated and therefore, the impugned order is contrary to the general interest of workmen of Tata Chemicals. Mr. Rathod appearing for the union-respondent No. 2 which is neither recognised nor a representative union submitted that in case the amount is transferred to the trust, it is likely to be misused or in any case it may not be used wholly for the purpose of welfare of the employees of Tata Chemicals and thus the laudable and pious purpose for which the amount is being sent to the Trust will be defeated.