GOPINATH GOVIND PANCHAL Vs. HES LTD

JUDGEMENT

(1.) THIS Writ Petition under Article 227 of the Constitution of India impugns an order of the 9th labour Court, Bombay, dated October 29, 1987 made in Application (IDA) No. 1127 of 1984 under the provisions of Section 33c (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ).

(2.) THE petitioner was working for about 25 years as a Dye Maker in Highly Skilled Category in the service of the First Respondent which manufactures watches, alarm clocks and other horological equipments. The workmen of the First Respondent establishment were formerly represented by a trade union known as 'mumbai Mazdoor Sabha. ' In the year 1979, however, another Trade Union, 'association of Engineering Workers', came on the scene and a settlement under Section 18 (1) read with Section 2 (p) of the Act came to be signed between the First respondent and the Association of Engineering Workers on September 29, 1979. This settlement was made effective from July 1, 1979. Under this settlement the conditions of service of the workmen regarding Dearness Allowance, House Rent Allowance, Education Allowance, Leave travel Allowance, Medical Reimbursement, Lunch Allowance etc. were substantially revised. There was provision made in the settlement for permanency of workmen and payment of bonus. Clause (II) of settlement lays down detailed provision as to production norms in different departments. By clause (12) it was agreed that the rise given in wages and other allowances was subject to the condition that the workmen and the Union agreed to maintain the production norms as specified in the Annexure 'a' to 'f' to the settlement. Sub-clause (3) of clause (12)provides :

(3.) ON August 20, 1983, the Association of Engineering Workers, as recognised union, signed a fresh settlement with the First Respondent in which there was, further revision of the various conditions of service, monetary as well as non-monetary. This settlement was made operative for a period of three years from January 1, 1983 to December 31, 1985. Even this settlement contained a clause that the benefits with effect from January 1, 1983 due to revision of wage rise, dearness Allowance, House Rent Allowance, Leave Travel Allowance, Education Allowance, milk Allowance, Local Conveyance Allowance were linked to and production would be available only "to those workmen who agree to abide by the terms and conditions of this settlement and execute an individual undertaking as per Annexure 'h' to this settlement. " The rest of the benefits were to be available to all workmen. A further clause in the settlement provided :