It was valid for three years from that date and companyered about 35 distilleries in the region.
There is numberdispute further that some more settlements were entered into with the said workmen on the same basis from time to time.
During this period, it was number open for the appellant union to raise an industrial dispute.
The terms of the reference read as follows Whether the employer should pay to the employees in Captainganj Distillery, Deoria, U.P., the same wages as were brought into effect in M s. Somaiya Organics India Ltd. by virtue of an agreement dated July 28, 1973.
The grievance of the workmen in the present distillery was that their distillery in fact, was a heavy chemical factory and hence they were number bound by the said tripartite settlement.
They also companytended that there was admittedly a unity of ownership.
Hence, they raised the industrial dispute to that effect on June 17, 1974 and eventually, the Government made a reference to the Industrial Tribunal on February 20, 1975.
There was also a functional unity between the distillery and the chemical factory since the entire product of the distillery was being used as a captive production by the chemical factory, as its raw material.
After taking over the chemical factory, the respondent company on July 28, 1973 entered into a settlement with the workmen of the said factory on the basis of that award.
They companytented that their distillery so called was manufacturing rectified spirit which was an industrial alcohol and, therefore, a heavy chemical.
Hence the settlements which were being entered into by the respondent company with the workmen in the chemical factory on the basis of the award given by the Chemical and Fertilizer Industries Wage Board were applicable to them as well.
On the other hand, they were entitled to the wages given by the respondent company to their workmen in the chemical factory.
It appears that there was a tripartite settlement in respect of the workmen of the distilleries in the area which was numberified on January 8, 1974.
Before the Industrial Tribunal, a statement of claim was filed on behalf of the workmen in which it was stated that the workmen of the two units were transferable from one unit to the other and that the distillery unit was manufacturing rectified spirit which, before the transfer to the chemical factory was denatured.
B. Sawant, J. The respondent company M s. Somaiya Organics India Ltd. runs two Units, a Heavy Chemical factory at Barabankey and a Distillery at Captainganj.
There is also numberdispute that the distillery unit at the relevant time produced between 50,000 and 55,000 Ltrs of rectified spirit daily and the entire product was transferred to the chemical factory to be used there as raw material for production of Acetic Acid and Ethyl Acetate.
At the relevant time, the distillery unit employed about 175 workmen out of them according to the learned Counsel for the appellants, only 125 were regular workmen and the chemical factory employed 251 workmen.
There is numberdispute that there is one balance sheet for both the units though their profit and loss accounts are separate.
