ENFIELD INDIA LIMITED Vs. ENFIELD EMPLOYEES UNION

JUDGEMENT

(1.) COMMON ORDER: 1. The applicant who is the plaintiff in this suit for permanent injunction, has applied for interim injunction restraining the respondent/defendant' its office bearers, members, servants or any one acting on their behalf from, in any manner, obstructing or preventing ingress or egress of officers, supervisors, staff members, apprentices, trainees, temporaries, casuals contract workmen of essential services and permanent workmen, Staff and supervisors who are willing to report for work, movement of finished goods, raw materials, finished components, materials which are meant for carrying out other job works through outside contracts and also from assembling or carrying out any demonstration shouting slogans, etc. within a radius of 100 metres from the petitioner's factory premises at Thruvoltiyur, Madras-19, pending disposal of this suit.

(2.) APPLICANT has also sought the help and protection of the police force in implementing the order. The applications are supported by the affidavit of Vijay Sachdev, Executive Director of the plaintiff who has also signed and verified the plaint.

(3.) IT is the case of the plaintiff that prior to December, 1903 the workmen of the plaintiff were paid, apart from wages, incentive bonus which was linked to production. The payment of such incentives would start for production above the norms fixed under the scheme. This system, according to the plaintiff, proved unsatisfactory. The fixation of production norms for payment of incentive was a source of irritation to both parties in the sense that when, on account of market conditions, the plaintiff was not required to maintain the level of production to reach the norms, the workmen were not getting incentive earnings and thereby they were feeling aggrieved. When the settlement dated 3.4.1989 came to an end, pursuant to the charter of demands submitted by the respondent/Union on 6.11.92 several bilateral discussions took place after the intervention of the Joint Commissioner of Labour, the issues were amicably settled and a settlement was arrived at in the course of conciliation on 8.12.1993. Clause, 3, 28(b)(c), 30 and 32 of that settlement being material, they are set out below: (3). Role of the Union and Workmen. " In order to achieve the objectives spelt out in clause 1 above, the Union and the Workmen commit as follows: a. The Workmen will accept and adopt improved technology, process changes, modernisation and shall not make any monetary demand for increase in production productivity arising therefrom. b. The Workmen will willingly co-operate with the management in their efforts to develop and manufacture new models and variations in the existing models, produce adequate spare parts thereof without, in anyway, affecting production and quality, so as to increase the market share of our products and spare parts at home and abroad. 28. Flexibility in operations: " In order to provide for flexibility in operations, it is agreed to by both parties that: (b) employees will extend whole hearted support for introduction of new manufacturing systems and technological changes and help to attain optimum utilisation of machines, reduction of wastages etc. (d) Employees will undertake multi machine operations, multi-skilling and shall also accept inter-department deputations based on his skills and suitability wherever required. 30. Period of Settlement: " This agreement is in full and final settlement of all the demands made by the Union on behalf of the employees and will come into effect from 1.12.93 and will remain force upto 31.12.96 and thereafter until duty terminated as per statute and replaced by a new settlement. (32). Payment of Settlement Benefit: " IT is clearly agreed by both the parties that the settlement benefit is a package deal and employees hereby agree to exceed existing norms of production/productivity and will increase production/productivity as required by the Management, based on the capability to produce within the eight hours working shift time. The system of groups and norms stands cancelled. The production output of the plant will be governed by the market demand and by the capability of the manufacturing resources, including man power, machines, etc. Within the stipulated hours of work. Therefore, if at any point of time, the employees fail to increase production/productivity as required in this settlement, appropriate action under the Standing Orders will be instituted. 4-A. On the same day, two other settlements in the Court of conciliation between the parties were signed " one providing for payment of bonus for the years 1993 to 1996 in accordance with the formula set out in the agreement, and the other providing for a New Vehicle incentive scheme applicable from 1.12.93 which superceded the incentive/bonus scheme in operation prior to that date. The scheme is to be in force till 31.12.96.