GANESH INDUSTRIES Vs. WORKERS OF GANESH INDUSTRIES

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, the Petition is taken up for final disposal.

(2.) This petition is filed by the Employer-Ganesh Industries challenging the Award dtd. 11/6/2019 as corrected by further Order dtd. 12/11/2020 passed by the Industrial Court, Mumbai. By the impugned Award, the Industrial Court has partly allowed the Reference and has decided various demand (total 21 in number) raised by the Respondent-Union relating to rise in basic Wages, Dearness Allowance, Categorization of various Allowance (House Rent, Leave Travel, Education, City Conveyance, Washing, Medical and Lunch), Attendance bonus and Bonus, Festival Advance, Leave Facility, Uniform Facility and Shift Arrangement. It must be observed at the very outset that though total 15 demands of the Respondent-Union have been adjudicated by the Industrial Court, the Petitioner has restricted the challenge in this petition to the adjudication of demands pertaining to Ad-hoc rise in basic Wages and Education Allowance. A statement made on behalf of the Petitioner in this regard has been recorded by this Court during the course of hearing on 10/10/2023. Thus what needs to be decided in the present petition is the correctness of the decision of the Industrial Court with regard to the adjudication of demands relating to Ad-Hoc rise in basic Wages and Education Allowance only.

(3.) Briefly stated, facts of the case are that Petitioner is engaged in the business of trading of Papad from the year 2015, prior to which it was also involved in manufacturing of Papad. Petitioner has engaged several workers, majority of them being women in its establishment, for packing of Papad for its trading business. Respondent Sarva Mazdoor Sangh is the Union of employees working for the Petitioner-establishment.