THE HIMACHAL PRADESH STATE SMALL INDUSTRIES AND EXPORT CORPORATION LTD. Vs. GENERAL SECRETARY CONCRETE POLES AND PAPER CONVERSION WORKERS UNION AND ORS.

JUDGEMENT

(1.) In this writ petition, the Petitioner has challenged the award dated 16th February, 1991, passed by the Presiding Officer, Industrial Tribunal, Himachal Pradesh, Shimla, whereby it is held that the workmen of the Union -Respondent No. 1 are entitled to pay scales from the date of reference, that is, 8th August, 1995, which are given to the corresponding categories of posts in "HPSEB and HP Cooperative Societies".

(2.) The Petitioner is a Government Company registered under the Companies Act. It has several units, which are engaged in the sale, distribution and manufacture of varied industrial products. In the year 1976, it established two units, namely, Paper Conversion Unit and Concrete Poles manufacturing unit. The Paper Conversion unit was manufacturing stationery and allied items whereas the Concrete Poles Manufacturing unit was manufacturing concrete Poles by casting in moulds.

(3.) A dispute arose between the workmen of these two units and their management in respect of payment of time -scale and D.A. linked with Price Index as well as payment of bonu's at the rate of 20% for the year 1981 -82, which was referred to the Industrial Tribunal after the failure of conciliation proceedings. The reference made to the Industrial Tribunal was as follows: