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 worker of the appellant. In this appeal the appellant has challenged judgment and order dated April 2, 2008 delivered by learned single Judge of this court in Writ Petition No. 191/2008.

(2.) ADMITTEDLY the respondent had entered into two settlements with the appellant. They are dated September 25, 1987 and July 14, 1990, 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 January 5, 1994. Since the demand could not be settled amicably, it was referred for adjudication vide reference (Industrial Tribunal) No. 31/1997. One of the demands of the respondent was relating to Ganesh festival allowance. The industrial Tribunal adjudicated the demand and passed the award on January 29, 1999. While dealing with the respondent's demand relating to Ganesh festival allowance, the Industrial tribunal observed as under: