Appeal by Special Leave from the Judgment and Order dated 14 7 78 of the Industrial Tribunal U.P. in Adjudication Case No.
The Company raised objections to the companystitution of the Board on February 24, 1975, but the proceedings were companymenced by the Board on February 26, 1975, and March 19, 1975 was fixed for appearance.
A memorandum of settlement about the dearness allowance was drawn up with the Shramik Sangh on August 27, 1975 in accordance with rule 5A of the U.P. Industrial Disputes Rules, 1957, in Form IA, even though the dispute regarding the variable dearness allowance, which had been raised by the Karamchari Union earlier, was pending all the while.
In order to bring it under the purview of the U.P. Act, the Shramik Sangh applied on July 18, 1975, for the companystitution of a Conciliation Board under that Act and a Conciliation Board was companystituted on July 29, 1975.
M. K. Ramamurthi, Jitendra Sharma and Janardan Sharma for the Respondent.
The Judgment of the Court was delivered by SHINGHAL J. This appeal by special leave is directed against the order of Industrial Tribunal III U.P. at Kanpur dated July 14, 1978, deciding the following two preliminary issues which were raise by the Indian Oxygen Ltd. hereinafter referred to as the Company Whether present dispute is number an industrial dispute in the light of the objections raised by the employers in paragraph 1 of their written Statement?
The Federal Union raised a charter of demands in February 1973 of all India nature and a settlement was arrived at on June 22, 1973, according to which the demand for revision of pay scales was to be taken up for discussion at a mutually companyvenient date.
A similar settlement was made with the Shramik Sangh on November 22, 1973.
In the meantime, the Karamchari Union made on application on January 23, 1975, for the companystitution of a Conciliation Board under section 3 d of the U.P. Act and the Board was companystituted by an order dated January 30, 1975.
It was number a member of the Federal Union.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Company employed some 5400 workmen in its establishment in West Bengal, Bihar, U.P., Assam, Punjab, Delhi, Maharashtra, Gujarat, Tamilnadu, Andhra Pradesh, Karnataka and Kerala.
Whether the present Order of Reference is bad in law in the light of the objections raised by the employers in paragraph 1 of their Written Statement?
The Indian Oxygen Shramik Sangh hereinafter referred to as the Shramik Sangh , which represented some of the workmen at Kanpur, was affiliated to the Federal Union.
S. Nariman, O. C. Mathur and D. N. Misra for the Appellant.
The All India Federation of Indian Oxygen Employees Union hereinafter referred to as the Federal Union was the recognised federation of some of the trade unions from 1973 onwards.
2335 of 1978.
There was another union known as the Indian Oxygen Karamchari Union hereinafter referred to as the Karamchari Union which was registered much earlier but its companystitution was revised because of the merger of two other unions in it and was approved by the Registrar of Trade Unions on May 10, 1978.
There were several recognised trade unions of the workmen.
15/77.
