AMBUJA CEMENT LIMITED Vs. BABU LAL MALI

JUDGEMENT

(1.) To review judgment dated 14.5.2015 passed by a Division Bench of this Court in a batch of special appeals led by D.B. Civil Special Appeal (W) No.1427/2014, these review petitions are before us.

(2.) Briefly stated facts of the case are that the appropriate government while exercising powers under Section 10 of the Industrial Disputes Act, 1947 referred industrial dispute to the Industrial Tribunal, Jodhpur with regard to application of recommendations made by the Cement Wage Board under its award relating to payment of wages, allowances and other ancillary benefits and amenities. The Tribunal by different awards arrived at the conclusion that the workman concerned are entitled to have pay-scales as per the recommendations made by the Cement Wage Board with other allowances and ancillary monetary benefits. The employer challenged the award by way of filing a group of writ petitions before Single Bench of this Court with assertion that the findings arrived by the Tribunal are not in consonance with law inasmuch as that the recommendation made by the Wage Board does not apply to the contractual workman and further that if applicable, then from what date those were required to be applied for the workman effected.

(3.) The writ petitions came to be disposed of by a common order dated 17.7.2014 by arriving at the conclusion that the Industrial Tribunal failed to decide mixed questions of facts and law specifically pertaining to determination of monetary relief that was to be extended to the workman concerned. The Single Bench also noticed that the counsel for the workman being unable to satisfy the question as to how the said award could be executed in favour of the respondent-workman agreed for remand of the cases to the Tribunal. Accordingly, all the disputes were remanded to the Industrial Tribunal for decision afresh in accordance with law.