E.S.VENKATARAMIAH, M.P.THAKKAR
General Manager, Security Paper Mill, Hoshangabad – Appellant
Versus
R. S. Sharma – Respondent
JUDGMENT
VENKATARAMIAH, J.:— This appeal by special leave is filed against the judgment and order dated Nov. 10, 1983 passed by the Industrial Court, Madhya Pradesh at Indore in Appeal No. 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. 1/PWA/96. The facts of the case are briefly these. In the course of conciliation proceedings under the provisions of the Industrial Disputes Act, 1947 a settlement was arrived at on June 29, 1973 between the management of the Security Paper Mill, Hoshangabad, the appellant herein, and the S. P. M. Employees Union, Hoshangabad. In the Memorandum of Settlement arrived at as per S. 12(3) of that Act one of the terms related to the incentive benefit. Clause 2(c) and (d) of the Memorandum of Settlement which relates to incentive benefit reads as follows :
"2.(c) The settlement on revised group incentive base of 6 M. T. a day will be treated as ad hoc regardless of merits of the case and will remain close and localised to S. P. M. and will not serve as precedent for norms of production in other departmental industrial undertakings.
(d) The revised base of 6 M.
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