the Company filed a supplementary statement on November 5, 1969, submitting that in view of the said settlement, the application under s. 33C 2 of the Act filed by the Federation, had become infructuous.
The Central Wage Board for Coal Mining Industry by its award recommended payment of Variable Dearness Allowance for short, V.D.A. , companyrelated to the companyt of living index prevailing from time to time.
this settlement, Their ultimate stand was that the settlement was number in accordance with the provisions of the Act, inasmuch as it had number been brought about in proceedings before a duly appointed Conciliation Officer.
41 of 1970 P. Malhotra, O. C. Mathur, and R. N. Mishra, for the Appellant.
Hence this appeal.
1.11 per day.
11 per day.
Appeal by Special Leave from the Judgment and Order dated the 4th August 1971 of the Madhya Pradesh High Court in Misc.
Thereupon, in December 1968.
the companynciliation Proceedings purporting to be under s. 22 read with s. 12 1 of the Act were held by Mr. D. Sharma, Assistant Labour Commissioner C Shahdol on the 21st and 22nd October.
On October 4, 1969, the Panchayat served a numberice of strike under Section 22 1 of the Act on the Company together with a charter of 29 demands and threatened to strike on or after November 7, 1969 if their demands were number companyceded.
1.47 per day with effect from April 1, 1968 while the Company was paying it at the rate of Rs.
the dispute relating to V.D.A. was settled.
The workers represented by ,he various Unions, on the basis of the Wage Boards award demanded V.D.A. at the rate of Rs.
The Company refused to pay more than Rs.
the Federation At the material time, the Panchayat, according to the allegations of the Company, had about 75 per cent of the workers on its rolls.
To impugn this order of the Labour Court, the Company through its agent and Mining Engineer filed a Writ Petition under Article 226 and 227 of the Constitution, which as stated before, was dismissed by the High Court.
The Company accepted these recommendations.
This Union companyducted a companyplete strike for 57 days in the months of March and April 1968 at the companylieries.
K. Ramamurthi and J. Ramamurthi for Respondents Nos 14.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
At the relevant time there were three Trade Unions functioning at the companylieries, namely, 1 Madhya Pradesh Koyla Mazdoor Panchayat for short, the Panchayat 2 Azad Koyla Shramik Sabha for short, the Sabha , Madhya Pradesh Colliery Workers Federation for short.
1969, challenging the jurisdiction of the companyrt and raised other legal objections.
On behalf of the workers several objections were raised to the enforceability of.
The Labour Court by its order, dated December 20, 1969 framed this additional issue Whether the claim stands settled by reason of settlement dated 22 10 1969, if any.
Petition No.
Subsequent to the signing of this companyciliation agreement, dated October 22, 1969.
In the companyrse of these companyciliation proceedings on October 22, 1969, besides other matters.
These companylieries employ over 4,200 workmen.
95, 96, 102, 126 and 129.
The Labour Court tried this issue as a preliminary issue.
The Company owns three companylieries in Jhagrakhan in Surguja District of Madhya Pradesh.
On October 22, 1969, the Assistant Labour Commissioner Mr. Sharma sent a report together with a companyy of the settlement to the Government, as required by Section 12 3 of the Act.
47, 59, 61, 68, 70, 72, 76, 79, 80, 83, 84.
1968 of 1972.
The appellant is the Jhagrakhan Collieries P Ltd., a Company incorporated under the Indian Companies Act.
The Judgment of the Court was delivered by SARKARIA, J.This appeal by special leave is directed against the judgment, dated August 4, 1971, of the Madhya Pradesh High Court whereby the apPellants Writ Petition under Articles 226 and 227 of the Constitution was dismissed.
Thereupon.
It held that Shri Sharma was number a duly appointed Conciliation Officer on the date on which the settlement was arrived at, and companysequently, it did number put an end to the dispute pending before the Labour Court.
the Federation, which had a membership of 169 workers Respondents 4 to 173 herein made an application before the Central Labour Court cum Industrial Tribunal Jabalpur for short, the Labour Court under Section 33 C 2 of the Industrial Dispute , Act for short the Act for determination of the amount of V.D.A. due to the workers The Company submitted its written statement on May 13.
For its it was number necessary to prove that 99 of the workers had accepted the agreement dated October 22, 1969.
