BIDDLE SAWYER LIMITED MUMBAI Vs. CHEMICAL EMPLOYEES UNION

JUDGEMENT

(1.) I have heard the submissions of the learned counsel appearing for the parties on 31st March, 2008. By this Writ Petition under Article 226 of the Constitution of India the petitioner-employer has taken an exception to the judgment and order dated 03rd March, 2007 passed by the learned Member of the Industrial Court. The impugned judgment and order has been passed on a complaint filed by the respondent-Union under section 28 read with Item 5 of Schedule II and Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the said Act of 1971).

(2.) With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to briefly refer to the facts of the case.

(3.) The prayer in the complaint filed by the respondent was for a direction to the petitioner to implement the award dated 29th November, 1999 read with settlement dated 14th July, 1990 to pay Ganesh festival advance of Rs.800/- per workman for the year 2000 and to restrain them from recovering the Ganesh festival advances already paid. There is also a prayer for refund of recovered amount of Ganesh festival advance with interest thereon at 18% per annum.