BHARAT CONTAINERS PVT LTD Vs. ENGINEERING WORKERS UNION

JUDGEMENT

(1.) THIS petition filed by the employer M/s. Bharat Containers Pvt. Ltd. impugnes the legality and corrections of the award dated 17th June, 1993 passed by the Member Industrial Tribunal, Bombay in Reference (IT) No. 87 of 1987.

(2.) THE dispute was referred for adjudication to the Industrial Tribunal, Bombay between the petitioner M/s. Bharat Containers Pvt. Ltd. and its workmen. By a letter dated 2. 12. 1986 the Union served the Charter of demands on the management. Having failed to reach any settlement by the conciliation, the matter was ultimately referred to the Tribunal under the provisions of the Industrial Disputes Act. After hearing the parties and recording the necessary evidence the learned Member of the Industrial Tribunal by the impugned award was pleased to grant demand No. 1 (scales of wages), demand No. 2 (adjustment and service increment) and demand No. 3 (dearness allowance) with retrospective effect from 1. 12. 1986. The demand No. 5 (leave benefits of special pay), demand No. 7 (leave travel allowance), demand No. 9 (uniform and washing allowance), demand No. 10, (Milk and milk allowance) and demand No. 11 (medical allowance) are granted under the said award with effect from 1. 6. 1993. The demand No. 1a (classification) being not pressed was not granted. Demand No. 4 (personal pay), demand No. 6 (discrimination in payment of special pay,) demand No. 8 (House rent allowance), demand No. 12 (education allowance) demand No. 13 (gratuity) and demand No. 14 (leave provision) were rejected by the Tribunal.

(3.) WE have heard Shri M. V. Bhatt, learned counsel appearing for the petitioner company and Shri P. M. Patel learned counsel for the respondent-union, with the assistance of the learned counsel for both sides, we have gone through the impugned award and also the relevant material specifically brought to our notice by the respective counsel.