KAMANI TUBES LIMITED Vs. KAMANI EMPLOYEES UNION

JUDGEMENT

(1.) The appellant is a public limited company. It employs some 700 workmen at its factory at Kurla and its head office in Bombay. The 1st respondent is the trade union of these workmen. The 1st: respondent filed a complaint in the Industrial Court alleging that the appellant was guilty of the Unfair Labour Practice listed at Item 9 in Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, that is of "failure to implement award, settlement or agreement". The 1st respondent complained that the appellants workmen had not been paid wages for the months of Nov. and Dec. 1984 and uptil the date upon which the complaint was filed, i.e., 28th February 1985.

(2.) The Industrial Court noted that there ; was no scope for oral evidence in the complaint and proceeded to dispose it of on arguments. It found it difficult to accept the submission made by counsel on behalf of the appellant that the appellants inability to pay wages would not amount to a failure to implement a settlement or agreement. In view of the clear and unambiguous words of Item 9, the non-payment of wages by the appellant on the due dates squarely fell within the mischief of the unfair labour practice therein described. It said, "The financial difficulties of the company, though real, would not be a defence."

(3.) The appellant impugned the Industrial Courts order in the writ petition. The writ petition was summarily dismissed. The learned single judge found that the contract of employment itself created a liability to pay wages and was, therefore, an agreement within the meaning of Item 9. Besides, there was a settlement about wages. The decision of the Industrial Court was, therefore, proper.