Order

This Appeal is against the Judgment of the Madras High Court dated 7th August, 2002. Briefly stated the facts are as follows:-

2. The Employees of Respondent Company raised a demand for increase of wages. The dispute was referred to the Special Tribunal, Madras for adjudication. By virtue of Section 10-B, Industrial Disputes Act, 1947, which had been introduced in the State of Tamil Nadu, the Government passed orders dated 15th July, 1985 and 29th July, 1985 directing certain payments to be made to the workmen pending the disputes. Both orders contained a clause that any money paid in pursuance of the order could be deducted by the employer from out of the monetary benefits to which the employee would become entitled under the Award which may be passed by the Tribunal.

3. At this stage, it would be convenient to set out Section 10-B of the Industrial Disputes Act, 1947, under which the Orders were passed. Section 10-B reads as follows:-

“10-B Power to issue order regarding terms and conditions of service pending settlement of disputes:—

(1) Where an Industrial dispute has been referred by the State Government to a Labour Court or a Tribunal under sub-section (1) of Section 10 and