SAMYUKTA KHADAN MAIDOOR SANGH Vs. HINDUSTAN STEEL LIMITED

JUDGEMENT

(1.) THIS opinion will govern the disposal of Miscellaneous Petitions Nos. 334, 239 and 413 all of 1969. These petitions have come up before me on a difference of opinion between Hon'ble the Chief Justice and Hon'ble Tare, J.

(2.) ALL these petitions are directed against a settlement arrived at between the Steel Workers Union, Bhilai and the Management of Bhilai Steel Plant on April 3, 1969. The relief claimed in the petitions substantially is that the settlement be quashed and the Management be ordered by a writ of mandamus not to give effect to the same.

(3.) THE recommendations of the Iron and Steel Wage Board as regards the wage structure in Iron and Steel Industry were applied to the entire Common Cadre Personnel, whether working at Bhilai or at the site of the mines. By a settlement dated June 23, 1967, the wage structure recommended by the Iron and Steel Wage Board was also made applicable to the workers employed in the mines from January 1, 1967. In this settlement, which was between the Management and Unions representing the workmen employed in the mines, two matters in dispute could not be settled and it was agreed that they be referred to adjudication under section 10 (2) of the Industrial Disputes Act, 1947. THEse two matters were : (i) Whether in view of the application of the recommendations of the Wage Board for Iron and Steel Industry to the mines the workers in the mines were entitled to any mining allowance ; and (ii) whether the wage structure contained in the recommendations of the Wage Board for Iron and Steel Industry applicable to the Steel Industry with effect from 1st April 1965 and which the Management agreed to apply to the mining establishments from 1st January 1967 should be made applicable to the mining establishments from 1st April 1965.