AVTEC LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court, AVTEC Limited through its Factory Manager, has filed present petition being aggrieved by order dated 26/02/2016 passed by the Additional Labour Commissioner, Indore referring the dispute to Industrial Tribunal, Indore as well as award dated 31/10/2018 pronounced on 15/11/2018 in Reference No.39/ID Act/16 by the President, Industrial Tribunal, Indore.

(2.) The facts of the case reveal that the petitioner Company is a Company registered under the Companies Act and is engaged in the business of manufacture and sale of Engines, Power Train and other components. The petitioner Company is having one of its plant situated at Pithampur. The respondent No.2 - Avtech and Hindustan Motors Shramik Sangh is recognized Union and the petitioner Company as well as respondent No.2 have entered into a settlement determining the terms and conditions of workmen in respect of their salary, allowances and other service conditions and a settlement was arrived at on 04/12/2009 for three years. After expiry of settlement dated 04/12/2009, another settlement took place on 29/08/2012, which was again for a period of three years i.e. up to 29/08/2015.

(3.) The respondent No.2 workmen Union gave fresh charter of demand for a subsequent period i.e. for the period 29/08/2015. As the charter of demand was not accepted by the employer petitioner, the respondent No.2 approached the Additional Labour Commissioner under the provisions of Industrial Disputes Act, 1947 and the Additional Labour Commissioner referred the matter for adjudication to the Industrial Tribunal.