PRAGA TOOLS LTD Vs. PRAGA TOOLS LTD

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner, Praga Tools Ltd., challenging the award of the Labour Court in Industrial Dispute No. 35 of 1960 over-ruling the preliminary objection raised by the petitioner viz., that In view of the settlement arrived at between the parcles in the course of the conciliation proceedings, the question of raising any industrial dispute by the workman or referring it under section 10 (1) of the INDUSTRIAL DISPUTES ACT, 1947, does not arise.

(2.) The petitioner is a public sector industry. There are two rival Unions in rhis industry, one is called the Praga Tools Employees Union and the other Praga Tools Mazdoor Sabha. While the former is affiliated to the All India Trade Union Congress, the latter is affiliated to the Indian National Trade Union Congress. Under the standing orders of the Company, there are five categories of workmen, viz. (1) permanent ; (2) probationer ; (3) Apprentice ; (4) Trainee and (5) Casual workmen. The permanent workmen are again sub-divided into classes (A) and (B).

(3.) There was a re-organisation in the year 1958 and the workmen belonging to the various categories were fitted inro these grades In 1967 an agreement was brought about by the Conciliation Officer between the Praga Tools Employees Union and the Management. The other Union was not a party to that agreement. Under that agreement, there was caregorisation of workmen into four categories with different grades of pay. 1. Unskilled workmen were to be in the grade of Rs. 70-4-110. 2) Semi skilled workmen In the grade of (a) 85-1-135; (b) 95-5-145 and (c) 100-6-160. 3) Skilled workmen in the grade of (a) I 30-8-210; and (b) 145-9-235-10-255. 4) Highly skilled workmen In the grade of 160-12-280-15-310. The Mazdoor Sabha workmen lodged their protest against the settlement. It is the case of the Mazdoor Sabha that the Management in collusion with the other Union, brought about the settlement, the result of which is that many juniors were given higher grades and some fn the semiskilled and unskilled category were placed (n the skilled or highly skilled workmen category. 68 of the workers belonging to the Mazdoor Sabha, on the ground that they were not parties to the Settlement and that the settle ment does not provide for fitment into various categories, raised an industrial dispute through their Union and hence the reference to the Labour Court.