JESURAJ M Vs. P O LABOUR COURT

JUDGEMENT

(1.) Both the Writ Appeals are directed against the order in W.P.No.2589 of 1988 dated July 19, 1991.

(2.) The parties are referred to in the judgment as shown in the cause title in W.A.NO. 1082 of 1991.

(3.) The following are the brief facts, leading to the filing of the present writ appeals. The second respondent/Management of Soundararaja Spinning Mills, Nedungadu, Karaikkal came into existence during the year 1966. Altogether, 375 persons were employed in the Mill. On August 7, 1978 a settlement was entered under Section 12(3) of the Industrial Disputes Act (hereinafter referred to as "the Act") by the Management with the Union of I.N.T.U.C., which is the only Union representing the employees at that time. The said settlement was for a period of five years from the date of the settlement. After the said settlement was entered yet another Union affiliated to C.I.T.U., came into existence, representing some of the employees of the Mill. According to the settlement dated August 7, 1978, the work-load was on par with the workload that prevailed in most of the Textile Mills in Coimbatore. The settlement dated August 7, 1978 expired on October 1, 1983. When the said settlement was in force, the management put up a notice dated February 22, 1983, demanding an increase in the workload without terminating the earlier settlement dated August 7, 1978. The said attempt on the part of the management was objected to by the C.I.T.U. Another settlement under Section 18(1) of "the Act" was entered between the Management and the representatives of the I.N.T.U.C on October 1, 1983. According to the appellants and ten other workmen, the said settlement dated October 1, 1983 is not binding on them and therefore, they were not agreeable to the revision of workload as arrived in the said settlement. The appellants along with other ten other workers were dismissed from service on the ground that they did not complete the increased workload as per the settlement dated October 1, 1983. Hence, the appellants and ten other workmen raised dispute, which was referred to the Labour Court, Pondicherry at Karaikkal under Section 10(1) of "the Act" vide notification G.O.Rt.No.79/85- Lab., dated February 5, 1985. The reference reads as under: