UNION OF INDIA Vs. WORKMEN GENERAL SECRETARY OF INDIA SECURITY PRESS AND CURRENCY NOTE PRESS STAFF UNION

JUDGEMENT

(1.) The petition challenges the award of the Central Gov ernment Industrial Tribunal (in short "the Tribunal") dated 10.10.1995. By this award the Tribunal has allowed the reference of the dispute raised by respondent No. 1 union. The Tribunal has further held that the ac tion of the management of the India Secu rity Press - petitioner No. 2 and the Currency Note Press - petitioner No. 3, Nashik, in is suing the notice of change dated 8.10.1991 proposing to increase the weekly hours was not justified in view of the agreement dated 11.5.1988 entered into between both the Presses and the workmen. This notice of change was issued to increase the weekly hours of work from 37 l/i hours to 44 hours per week in respect of the ministerial staff, namely, clerks, office peons, record sorters and medical staff.

(2.) The facts giving rise to the present dis pute are as follows:-

(3.) It appears that the writ petition before the Calcutta High Court being CO. No. 9523(W) of 1988, was dismissed on 7.1.1991. Ten months' later on 8.10.1991 (for short, the 1991 notice), the petitioners issued a no tice under section 61 of the Factories Act in dicating that the hours of work would be changed from 37 V* hours to 44 hours. The respondent workmen opposed the same and the dispute was admitted in conciliation. The Conciliation Officer submitted a failure re port. Significantly, no reference was made to the conciliation proceedings in respect of the 1988 notice in that report.