CHINNATHAMBI Vs. P O LABOUR COURT

JUDGEMENT

(1.) THE issue that arises for my consideration in the above writ petition is whether the petitioners are entitled to maintain an application under 33-C (2) of the Industrial Disputes Act, 1947, to claim equal pay for their equal work. The undisputed facts of the case are, the second respondent-management was a member of the Planters Association of Tamil Nadu, briefly known as P. A. T. , and they entered into a settlement, dated December 20, 1980, with the then permanent workers, working under them, under Section 12 (3) of the Industrial Disputes Act, before the Deputy Commissioner of Labour, Coimbatore, as per the industry-wise settlement.

(2.) THE second respondent-management resigned from the membership of the P. A. T. on April 1, 1981. After the resignation, the second respondent-management entered into a revised settlement, dated January 2, 1984, with the permanent workers who were parties to the settlement, dated December 20, 1980, under Section 18 (1) of the Industrial Disputes Act and the said settlement, dated January 2, 1984 was in operation from January 1, 1984 to December 31, 1986.

(3.) THEREAFTER, the second respondent-management entered into a fresh settlement, dated April 8, 1987, under Section 12 (3) of the Industrial Disputes Act with the same permanent workers who were parties to the settlements, dated December 20, 1980 and January 2, 1984, referred to above.