HINDUSTAN AERONAUTICS LTD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties at length.

(2.) This petition is directed against an order of the Industrial Tribunal dated 27.2.1998 by which it has recorded a finding that a settlement dated 5.4.1975 was reached outside conciliation proceedings.

(3.) Brief facts for decision of this petition are that in 1969, 110 workers were promoted as fitters grade 'A'. Subsequently another batch of 218 fitters were also promoted as fitters grade 'A'. It appears that pay revision became effective from 1.10.1973 and thus the second batch of fitters approached the management for determination of their promotion in order to get the benefit of their pay revision in the original cadre of fitters grade 'B'. This demand was accepted by the management on the basis of a settlement dated 5.4.1975 whereby the date of promotion of these 218 workmen was deferred to 1.10.1973 conferring the benefits of wage revision. The result was that even though the first batch of 110 workers who were though promoted in 1969 were put to a disadvantage in that they began drawing lesser wages than the latter batch of fitters. The Union took up this matter since no amicable settlement could be reached, upon a failure report the matter was referred under Section 4K of the U. P. Industrial Disputes Act which was registered as adjudication case No. 260 of 1982 where the following reference was made : "Kya sewayojakon dwara parishist men ullakhit 110 karmchari jo fitter grade 'A' ke pad par karyarat hain unka vetan unse junior grade 'A' ke karmchari ke saman na kiya jana uchit tatha vaidhanik hai. Yadi nahtn to sambandhit sharamik vikas labh/anutosh (Relief) pane ke adhikari hain. Evam kis anya vivran sahit?"