STEEL AUTHORITY OF INDIA LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ application has been filed by the petitioner-management namely, Steel Authority of India Ltd. challenging the award passed by the respondent No. 1 Presiding Officer, Industrial Tribunal, Ranchi dated July 18, 1992 in Misc. Case No. 2/89, whereby and whereunder, he has allowed the application filed by the respondent No. 2, the workman purported to be under Section 33-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and further for a direction restraining the respondents from giving effect to or acting in pursuance to the said award.

(2.) The fact of the case lies in a narrow compass.

(3.) The workman concerned raised an industrial dispute which was registered as Reference Case No. 4/88 and the terms of reference was "whether the demand of increase in Labour Welfare Inspector and Senior Labour Welfare Inspectors engaged in Bokaro Steel Plant is justified? If so, what should be their pay-scale and from when it should be enforced?" While the said reference case was pending, the workman concerned filed a complaint under Section 33-A of the said Act before the Tribunal contending, inter alia that the complainants are reporting to Deputy Manager (Personnel) and Deputy Chief Personnel Manager from the very beginning and never to Junior Manager (Personnel). It was also contended that the management attempted to change the relationship of these workman which they object during the conciliation proceeding. On being noticed, the management instead of filing rejoinder to the complaint made by the workman issued office order dated January, 9/10, 1989 disturbing the existing relationship of the workmen. The Management also issued office order dated March 13, 1989 and March 15, 1989 promoting some of the Sr. Labour Inspector to E-O scale. The petitioner-management however, filed written statement stating, inter alia, that placing non-executives under Executives of lower rank cannot and does not amount to change in service conditions. The Tribunal, after hearing the parties, allowed the complaint filed by the workman concerned under Section 33-A of the Act and the office orders dated March 13, 1989 and March 15, 1989 have been made non-operative.