MINERALS WORKERS UNION Vs. INDIAN RARE EARTHS LTD

JUDGEMENT

(1.) THIS writ petition is filed for forbearing the respondents from deducting any amount from the monthly salary of the members of the petitioner's union irrespective of their consumption of food items from the second respondent pursuant to the first respondent's notice dated March 28, 2006.

(2.) THE case of the petitioner-union is that the first respondent is a Central Government undertaking and members of the petitioner's union numbering around 120 are the workers of the first respondent. There was a settlement arrived at between the first respondent and the various other trade unions of the workers belonging to the first respondent including the petitioner's union under Section 12 (3) of the industrial Disputes Act on December 8, 2005. Eventhough, the settlement relates to various matters, this writ petition covers only in respect of facilities granted to the employees regarding the canteen run by the first respondent. Admittedly, before the above settlement was entered between the parties, the purchase of coupon system was in existence. As per the settlement, the coupon system was given up with effect from April 1, 2006 and the system of deducting dues from the salary of the workmen with effect from April 1, 2006 was sought to be introduced in the following manner namely: from Workmen attending General Shift: (8. a. m. To 4. p. m.) and Office (9. 30 a. m. , to 5. p. m.): rs. 6/- per one attendance from Workmen attending rotational shifts: rs. 4/- per one attendance workmen attending overtime: rs. 3/- per four hours OT

(3.) THEREFORE, as per the said system under the agreement when once a worker entered into the place of the establishment by attending, he will be liable for the deduction based on the principles stated above. It is also stated in the said agreement especially in clause 20. 0, 20. 1 and 20. 2 that in cases where the present system namely, the coupon to be continued even after april 1, 2006, the rate of food items supplied in the canteen will be increased by 20% with effect from April 1, 2006.