BIDDLE SAWYER LTD Vs. CHEMICAL EMPLOYEES UNION

JUDGEMENT

(1.) THE appellant is a Pharmaceutical Company, registered under the Indian Companies Act, 1913. The respondent is the Union which represents the workers of the appellant. In this appeal the appellant has challenged judgment and order dated 2/4/08 delivered by learned Single Judge of this court in Writ Petition No. 191 of 2008.

(2.) ADMITTEDLY the respondent had entered into two settlements with the appellant. They are dated 25/9/87 and 14/7/90. Following clause was there in both these settlements. "ganesh Festivities Advance": That the company shall pay effective from the year 1990 and thereafter every year ten days before Ganesh Festival Ganesh festivities advance of Rs. 480/ -. AND That the said amount shall not be recovered.

(3.) A fresh charter of demands was submitted by the respondent on 5/1/94. Since the demand could not be settled amicably, it was referred for adjudication vide Reference (Indus trial Tribunal)No. 31 of 1997. One of the demands of the respondent was relating to Ganesh festival allowance. The Industrial Tribunal adjudicated the demand and passed the award on 29/1/99. While dealing with the respondent's demand relating to Ganesh festival allowance, the Industrial Tribunal observed as under: "the next demand for Ganesh Festival allowance, wherein it has been demanded that from 1994, every year 10 days before Ganesh Festival the allowance of Rs. 800/ should be paid every year. In the statement of the claim, the demand has been justified on the ground that the first party company has already in principle agreed to pay Ganesh Festival advance of Rs. 480/ -. It has been further stated that this Festival is celebrated by a large number of workmen and considering conditions, the first party company can easily bear the increase of burden of Rs. 320/- every year. It has been opposed by the first party company and stated that granting of such demand would place extra financial burden of Rs. 800/- per worker per annum. It cannot be ignored that in Mumble, the Ganesh Festival is being celebrated on large scale and maximum persons take part therein. It is also not disputed that during the course of submissions that the workmen class is more active in such festival. When admittedly the first party company is paying Rs. 480/-as Ganesh Festival advance as per the last settlement of 1990, I think it will be just and proper and reasonable to enhance the said amount to some extent, considering overall price rise all necessities of the livelihood. So also other articles necessary for celebrations of the said festival, though in demand raised on behalf of the union Rs. 800/has been demanded as Ganesh Festive allowance. It will not be proper to grant the said amount as allowance but that much amount can be granted as advance. Granting of that demand in this fashion will meet the ends of justice for both parties concerned. Therefore, demand for payment for Ganesh Festival of Rs. 800/-by way of advance is hereby granted and not by way of allowance". The Industrial Tribunal, however, did not make it clear whether the amount to be paid to the workmen was to be recovered from them or not.