PREMIER LTD Vs. PAL VRS EMPLOYEES WELFARE ASSOCIATION

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the First Respondent waives service. By consent of Counsel and at their request taken up for hearing and final disposal.

(2.) The Petitioner was engaged in the manufacture and sale of automobiles and accessories at its factory which was then located at Kurla. In or about the end of 1991, the Petitioner employed about 6000 workmen who were represented at the material time by the Association of Engineering Workers. On account of a recession in the automobile industry, the Petitioner announced two schemes for voluntary retirement on 20th December 1991 and 24th March 1992. The First Respondent who represents about 926 ex-workmen was formed and registered in 1995 as a society under the Societies' Registration Act, 1860. The Association has also been registered under the Bombay Public Trusts Act, 1950. The Association of Engineering Workmen (AEW) had submitted a Charter of Demands on 24th April 1991, seeking a wage revision with effect from 1st January 1991. On 8th September 1994, a settlement was arrived at in the course of conciliation with the Association of Engineering Workmen effective from 1st July 1994.

(3.) The grievance of the Respondent-Association is that despite a representation that was held out to the workmen in the scheme for voluntary retirement, the management did not give to the workmen who had opted for Voluntary Retirement under the Schemes the benefit of the subsequent settlement dated 8th September 1994. The First Respondent initially filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 , claiming the benefit of clause (16) of the Settlement dated 8th September 1994, placing reliance on the representation that was held out in clause (9) of the Voluntary Retirement Schemes. The Labour Court allowed the application on 20th January 1998. On 3rd October 2001, a Learned Single Judge of this Court set aside the order of the Labour Court. The order of the Learned Single Judge was upheld in appeal by the Division Bench in PAL VRS Employees Welfare Association vs. Premier Automobiles Ltd., 2002 2 CurLR 645. While confirming the judgment of the Learned Single Judge, the Division Bench held as follows: