This letter refers to the statement made by the Minister on September 9, 1965.
After the Wage Board was set up, the labour agitated for grant of interim relief.
It gave a further assurance that it will implement the final recommendations of the Wage Board, as accepted by the Central Government.
Mr. Shroff referred us to the letter dated September 24, 1965, written to the companycerned Minister for Labour by the Indian Engineering Association Western Region and Engineering Association of India Western Region Bombay.
Appeal by special leave from the judgment and order dated July 31, and August 1, 1969 of the Bombay High Court in S.C. Application No.
Under clause 2 of the settlement, the Association withdrew all demands made under its charters of demands dated August 3, 1965, January.
The appellant gave an assurance to the De puty Commissioner of Labour, Bombay, that it will implement the recommendations of the Wage Board for engineering industries, as accepted by the Central Government.
In that letter, the appellant had stated that it had agreed with its workers to implement the interim relief granted by the Wage Board.
As the appellant did number companyply with the demands of the third respondent and as companyciliation proceedings failed, the State Government referred the dispute for adjudication on January 25, 1969.
On November 30, 1968, fresh demands for dearness allowance were made by the third respondent.
The Association agreed that all demands made by it on July 7, 1964, in respect of which numbersettlement has been reached, will be treated as withdrawn for the time being.
The Central Government also accepted, by its resolution dated July 23, 1966, the majority recommendations of the Wage Board regarding the grant of interim relief with effect from April 1, 1966.
The Association further required that after such a ,decision, the workmen should be given 100 neutralisation of the Poona Index.
dearness allowance that was then being paid.
November 1, 1966.
3 C. Bhandare and S. P. Nayar, for respondent No.
Demand No.
It was further provided that the interim relief granted shall be adjustable in any rise in Wages as a result of the final recommendations made by the Wage Board in due companyrse.
The appellant in its letter to the Deputy Commissioner of Labour dated July 2, 1968, has stated that the interim relief granted by the Wage Board has been already implemented by the appellant.
The Judgment of the Court was delivered by VAIDIALINGAM, J. By order dated January 25, 1969, the State of Maharashtra referred to the Industrial Tribunal, Bombay, for adjudication three disputes between the appellant and its workmen.
The Central Government further requested all the employers in the engineering industries to implement the recommendations of the Wage Board regarding the interim relief with effect from April 1, 1966.
On October 3, 1967, the third respondent issued two numberices to the appellant company.
Liberty was reserved to the Association to raise those demands again after the Poona Working Class Consumer Price Index was declared.
Item I related to the dearness allowance to be paid to the monthly rated staff.
Clauses 11 and 12 of this settlement were as follows .lm15 The Union agrees to treat as withdrawn the Charter of demands regarding wage scales and or Dearness Allowance made by it under its letter dated 3rd August 1965.
He also invited our attention to the letter dated July 2, 1968, written by the appellant to the Deputy Commissioner of Labour, Poona.
The Association further agreed number to raise any demands regard ing wage scales and or dearness allowance pending the deliberations and the final recommendations of the Wage Board in View of the settlement dated November 1, 1966, already entered into between the parties.
The second numberice terminated the settlements dated February 4, 1965, April 1, 1965 November 1, 1966 and May 13, 1967 entered into between the appellant and the second respondent.
22, 1966 and February 26, 1966 relating to wage scales, dearness allowance and certain other matters.
In June 1965, the Poona Working Class Consumer Price Index was declared.
When the Governments acceptance of the recommendations of the Wage Board was known, the second respondent made a demand on July 28, 1966, for payment of the interim relief.
The second respondent again raised a demand on August 3, 1965.
The Wage Board made its final recommendations to the Central Government.
Conciliation proceedings appear to have been initiated.
By the, first numberice, it terminated the settlement dated July 6, 1963, entered into between the appellant and the Chemical Engineering and Metal Workers Union and the second respondent, representing the workmen.
There is a reference to the settlement of November 1, 1966.
The entire settlement related to the payment of the interim relief, as laid down by the Wage Board.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On May 16, 1967, the third respondent, Serva Shramik Sanghatana, through its General Secretary, made a demand that all workmen should be paid dearness allowance at the rate 6 paise per day for every point of rise over 17 points of the Poona Consumer Price Index Number with effect from January 1, 1967.
The appellant has filed the above appeal, by special leave, challenging the decision of the High Court.
The exact date is number very clear, but it is given differently as December 23, 1968 or January 3, 1969.
The facts leading up to the filing of the Writ Petition may number be stated.
2 related to dearness allowance.
It was also mentioned that the letters of October 3, 1967, are to be treated as two months numberice.
Another reason given by the appellant was that the demands, as made by the union, involved heavy financial liability.
N. Shroff, for the appellant.
Accordingly the Wage Board recommended to the Government a scheme of interim relief.
42 of 1969.
After mutual discussions, the appellant and the second respondent entered into a settlement on.
It will be seen that by these two numberices, the settlements dated July 6, 1963, November 1, 1966 and May 13, 1967 have been terminated.
On August 3, 1965, the second respondent again submitted a charter of demands regarding wage scales, dearness allowance and various other matters.
554 of 1970.
After negotiations, the appellant and the second respondent entered into a settlement on May 13, 1967.
Under clause 1 of this settlement, the appellant agreed to pay dearness allowance on the basis of 75 neutralisation of the Sholapur Cost of Living Index companyputed for a month of 26 working days in substitution of the rate of.
The said disputes were registered by the Tribunal as Reference I.T. No.
S. Kulkarni and S. C. Agarwala, for respondent No.
The demand was that the then existing Sholapur Working Class Consumer Cost of Living Index Number should be replaced by the Poona Working Class Consumer Cost of L iving Index Number and the linking of old and new series, its multiplier and its rate should be jointly decided between the management and the Association.
On July 7, 1964, a charter of demands was submitted by the workmen represented by the General Secretary, Association of Engineering Workers, Poona.
On April 1, 1965, the, appellant and the said Association entered into a settlement.
On July 6, 1963, there was a settlement between the appellant and the workmen represented by the Secretaries of two unions the Chemical Engineering and Metal Workers Union, Poona add the Association of Engineering Workers, Poona.
L. Hathi, K. L. Hathi and P. C. Kapur, for respondent No.
The appellant filed in the Bombay High Court Special Civil Application No.
799 of 1969 under Article 226 of the Constitution to, quash the order of reference.
The demands related to various items including wage scales and dearness allowance.
On January 23, 1965, the Association, the 2nd respondent, was recognised by the appellant under the companye of discipline.
799 of 1969.
