TEXMACO LIMITED Vs. TEXMACO ENGINEERING EMPLOYEES UNION

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India challenging an order of reference No. 4019-I.R./IR/101-81(A)/65 dated September 11th, 1965 made under Section 10 of the Industrial Disputes Act by the Government of West Bengal referring thereto certain disputes for adjudication to the second Industrial Tribunal, West Bengal. In the instant writ application the award dated April 15th, 1981 made by the Second Industrial Tribunal, West Bengal upon the above mentioned order of reference in case No. VIII-242/65 published by order of the Government of West Bengal No. I.R./IR/10L/86/81 dated 19th September, 1981 has also been challenged by the petitioner Messers. Texmaco Limited (formerly known as M/s. Textile Machinery Corporation Ltd.), Belghoria, Kolkata 700056.

(2.) The case of the petitioner in short is that at the material time, the company had a number of different incentives schemes in its factory for various categories of workmen in different departments. At the material times, the said incentives schemes did not apply to about 275 daily rated workmen working in the said three factories of the company and some of them were getting a personal allowances in lieu of the incentive scheme. The employees union, respondent No. 1 used to represent a group of workmen in the factories. The said union raised certain disputes for modification and/or revision of the existing incentive schemes in respect of certain classes of workmen and for extension of the scheme to all the workmen drawing salary below Rs. 500/- per month and also raised certain other disputes over termination of services of one Sri Ananta Chakraborty and transfer of a workmen Sri P.Roy whereupon the Government of West Bengal, by the aforesaid order of reference dated 11th September, 1965 referred the matter for adjudication before the Second Industrial Tribunal, West Bengal.

(3.) In the said reference four issues were framed as follows : -