WORKMEN BY THE SECRETARY SOUTHERN STRUCTURALS STAFF UNION Vs. MANAGEMENT OF SOUTHERN STRUCTURALS LIMITED

JUDGEMENT

(1.) APPELLANTS are the workmen of the first respondent, which is a Government Company. The appellants have raised an Industrial Dispute before the Industrial Tribunal claiming parity in pay and other benefits, with other State Government Undertakings and Government servants, with effect from 1.6.1988.

(2.) THEIR contention was that when compared with similar type of undertakings of the State of Tamil Nadu, prevailing wage scale in the appellant company was the lowest and the Board of Directors of the appellant company passed an order on 28.10.1992 to the effect that their workmen will be entitled to the benefits of V Pay Commission on and from 1.1.1991 instead of paying arrears from 1.6.1988, which they are bound to pay automatically; that the workers have been paid the ad hoc payments periodically; that though the Management has agreed to meet the additional financial burden, the same has not been implemented and therefore, they have requested to implement the V Pay Commission Recommendations from 1.6.1988. This has been objected to by the Management by filing a counter to the effect that it is a sick Government company and requested to dismiss the claim of the workmen.

(3.) IT has been contended on behalf of the appellant that the Management, having agreed under clause (1) of the settlement dated 22.2.1995, under Section 18(1) of the Industrial Disputes Act, to implement the Award of the Tribunal, in case it went in favour of the workmen, was not justified in challenging the award. IT has also been their contention that the other Public Sector Units have extended the benefits to their workers and the respondent Management had already granted the pay benefits to their officers from 1.9.1992 though all of them were not Government servants.