WORKMEN Vs. LEARNED JUDGE EIGHTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This application is directed against an award dated November 14, 1996 passed by Mr. S.K. Banerjee, 8th Industrial Tribunal, West Bengal in Case No. VIII-212/1993 whereby and whereunder he passed an award against the petitioner union in favour of the Management. The fact of the matter lies in a very narrow campus.

(2.) On September 18, 1989 an agreement for payment of wages was arrived at with Andrew Yule & Co. Ltd. (Calcutta Branch) Employees' Union and the management which became effective from January, 1987 to December, 1990. The members of the petitioner union who are members of the first union came out thereof and started a separate union in the year 1990. The petitioner contends that the aforementioned agreement dated September 18, 1989 is not a Tripartite nor Bipartite settlement as it does not conform to the Rule 68 of the Industrial Disputes Rules, 1958. The petitioner union raised an industrial dispute as regards the said settlement pursuant whereto conciliation proceedings were held. The said agreement also contained a provision as regards submission of a fresh Charter of Demand before six months of the expiry thereof. The said settlement pursuant whereto conciliation proceedings were held. The aforementioned Andrew Yule & Co. Ltd. (Calcutta Branch) Employees Union also served a fresh Charter of Demand, The company hold discussions with the said union but did not hold any discussion with the petitioner whereafter the matter was again taken up by the Conciliation Officer.

(3.) The Conciliation proceedings have failed. A reference was made by the Appropriate Government for adjudication of the respondent Tribunal in relation to the following points:- "1. Pay, Pay pattern, Pay fixation, Pay Scales and fitment benefits. 2. Dearness Allowance 3. House Rent Allowance."