HINDUSTAN LEVER LIMITED Vs. HINDUSTAN LEVER EMPLOYEES UNION

JUDGEMENT

(1.) AN award of the Industrial Tribunal in a wage reference forms the subject matter of the proceedings. Both the employer hindustan Lever Limited (HLL) and the Unions are dissatisfied with material segments of the award. The proceedings before the court involve a petition under Article 226 of the Constitution by the employer and two petitions by the Unions. Submissions have been heard on behalf of the employer and on behalf of the Unions upon the challenge instituted before the Court in all the petitions together and this judgment would accordingly dispose of those petitions. Essentially, the question that arises for determination before the court is whether the Industrial Tribunal has failed to exercise its jurisdiction consistent with the principles of law that must govern wage adjudication. This Court, while accepting the gravamen of the challenges to the award has arrived at the conclusion that the industrial Tribunal has manifestly failed to apply the settled principles that govern wage adjudication. A remand of the proceedings shall accordingly follow.

(2.) HINDUSTAN Lever has a Head Office at Churchgate, a factory at Sewri and a Research Centre at Andheri in the Mumbai region. The Company inter alia has at material times engaged in the manufacture of soaps, detergents and personal products. The wage references relate to demands raised by the Union for the hourly rated and subordinate category of workmen engaged in the three establishments. At the establishment at Churchgate, HLL engages clerical workmen and subordinate staff. The clerical workmen are classified in categories "c" and "t" depending upon whether they work for 36 or 48 hours, while the subordinate staff includes Sepoys, drivers, watchmen, sweepers and coolies who work for 42 hours. The factory at Sewri engages

(3.) THE subordinate staff at the Head Office was governed by an Industrial Settlement dated 10th January 1992. The settlement was extended to the subordinate and hourly rated staff of the Bombay Factory and of the Research Centre by an award of the Industrial Tribunal presided over by Mr. H. L. Mehendale, dated 24th March 1994. The settlement and the award were terminated and a fresh Charter of Demands was placed on the company by the Union. Upon a failure of conciliation proceedings, three References came to be made to adjudication. The Charter of demands and the dates on which the orders of reference came to be made are as follows: <FRM>JUDGEMENT_661_TLMHH0_2006Html1.htm</FRM>