AVTEC LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court, a company incorporated under the Companies Act , 1956 engaged in the business of manufacture and sale of engines, power train and other components, has filed this present petition being aggrieved by the order dated 29.08.2016 passed by the Additional Labour Commissioner, Indore and order dated 07.03.2017 as well as the award dated 26.06.2019 passed by the Chairman, Industrial Tribunal in Case No.124/ID/16.

(2.) The facts, as stated in the miscellaneous petition, reveal that the petitioner on 06.08.2005 submitted an application for certification of Model Standing Order with some amendment before the Certifying Officer and the Union was represented before the Certifying Officer. The Union did submit a reply before the Certifying Officer and finally an order was passed by the Certifying Officer on 29.11.2006. It has been stated in the miscellaneous petition that the respondent / Union is representing the workmen working in the plant, however, in the year 2016 and a new Union came into existence and the petitioner / Company and respondent / Union have entered into an agreement / settlement in respect of various issues, condition of service, salary, wages, incentives and other service conditions for the period 2009 - 2012 and 2012 - 15 and the settlement entered between the petitioner / Company and respondent / Union are also on record.

(3.) It has further been stated that the respondent / Union submitted a fresh charter of demands and for settlement of new service conditions and the new demands included a pay hike to the tune of Rs.25,000/- per employee. The demands were unreasonable and in those circumstances, the Management has not accepted the demands. The Union started creating havoc and instigating the workers to resort to go slow, which finally led to disciplinary action by the petitioner against certain employees. The Union, as stated in the miscellaneous petition, in order to pressurise the management to accept their illogical demands, started creating industrial dispute and to create further pressure, submitted an application before the Certifying Officer appointed under the Industrial Employment (Standing Order) Act to amend the Certified Standing Order applicable in the plant.