MAZGAON DOCK LIMITED Vs. ASSOCIATION OF ENGINEERING

JUDGEMENT

(1.) THE Appellant Messrs Mazgoan Docks Limited, Bombay (hereinafter referred to a the Company) is a public sector undertaking in the administrative control of the Ministry of Defence. It is engaged in ship building, ship repairing, merchant engineering and construction of off share platforms, and employees as on 31st March, 1989 about 11,920 workers of various categories (at the time of dispute they were about 10,000 ). The wages and other service conditions of the workmen were governed by various Awards/settlements made from time to time. The last of the settlements was of August 28, 1973. On the expiry of the said settlement, demands were raised by the workmen as well as the Company between June to October, 1976 (there being different Unions of workmen, they had raised demands on different dates between the said period ). The demands related to various items. We are, however, concerned in the present case with only five of the said demands. Although these demands, as stated earlier were raised in 1976, they were referred by the State Government for adjudication to the Industrial Tribunal only on January 11, 1980. The delay was on account, firstly of the dispute between the different Unions inter se with regard to the exclusive right to represent the workmen and secondly, on occount of the negotiations between the parties at various levels for settlement of the demands. The Industrial Tribunal made the present Award on December 11, 1984. It was challenged by the workmen by a writ petition filed under Article 226 of the Constitution on the Original Side of this Court, and the learned Single Judge decided the said petition by his impugned decision on August 14, 1987. These facts are referred to only to point out that the present dispute between the parties has been pending since 1976. We are informed that some of the demands are still pending adjudication before the Tribunal.

(2.) THE five demands with which we are concerned in this appeal are :

(3.) THE Tribunal conceded the demand of the Company for change in the existing pattern of the payment of dearness allowance and also abolished the payment of nucleus allowance. It rejected the workmens demand for change in the pattern of the payment of acting allowance and also the demand for abolition of over time work and the payment of over-time wages at the higher rate. It granted their demand for revision of the basic wages.