Aggrieved by the order of the Authority under the Payment of Wages Act, the management preferred an appeal to the Industrial Court, Indore.
The claim before that Authority was in respect of the period between May 1, 1979 to April 30, 1980 and the total amount claimed was Rs.1,93,357.85.
F8 6 /73 Cy dated 5th April, 1973.
The said agreement was number entered into during the companyrse of any companyciliation proceedings and in fact there were numberconciliation proceedings pending at the time when the agreement was entered into.
The above settlement was entered into on behalf of all the workmen and other number operative officers and staff of the Security Paper Mill at Hoshangabad.
The above order dated December 29, 1975 was challenged before the Central Government Industrial Tribunal cum Labour Court and that authority held that the modification of the incentive benefit made by the Government of India was illegal.
After that the appellant paid the benefit at the reduced rates as per that agreement to the number operative employees.
Before the Industrial Court the management raised several companytentions.
This appeal by special leave is filed against the decision of the Industrial Tribunal.
After that the management entered into an agreement with one of the trade unions named S.P.M. Employees Union on April 11, 1979 reducing the rate of incentive benefit to 50 per cent to the number operative employees i.e. administrative staff, accounts staff, estate employees and dispensary staff.
The respondents who were the number operative staff and were number the members of the Union and parties to the agreement challenged the validity of the agreement before the Authority under the payment of Wages Act on the basis of the Settlement of the year 1973.
It did number, however, allow any companypensation but allowed the companyts at the rate of Rs.10 per worker.
From the Judgment and Order dated 10.11.1983 of the Madhya Pradesh High Court in Appeal No.
The Industrial Court affirmed the decision of the Authority under the Payment of Wages Act but disallowed the companyts at the rate of Rs.10 per worker which had been awarded by the Authority under the Payment of Wages Act after rejecting all other companytentions.
The Authority under the Payment of Wages Act recorded the evidence and thereafter allowed the claim of the respondents regarding deducted wages of Rs.1,93,357.85.
The management filed a statement of objections before the Authority under the payment of Wages Act stating that the S.P.M. Employees Union was the representative Union and the agreement entered into by that Union was binding on all the workers including the respondents.
CIVIL APPELIATE JURISDICTION Civil Appeal No.
1/PWA/81.
2696 NL of 1984.
N. Shroff for the Respondents.
It was directed that the above order dated December 29, 1975 would be effective on the incentives to be drawn from January 1, 1976.
25/PWA of 1981.
25/PWA/81 modifying the order dated April 29, 1981 passed by the Authority under the Payment of Wages Act Labour Court No.2 , Bhopal in case No.
V. Subba Rao for the Appellant.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is filed against the judgment and order dated November 10, 1983 passed by the Industrial Court, Madhya Pradesh at Indore in Appeal No.
