N.S.SANJAY GOWDA
Management of Hindalco Industries Ltd. – Appellant
Versus
General Secretary, Indal Employees Union, Hindalco Industries Ltd. – Respondent
ORDER :
1. The undisputed facts leading to the filing of this writ petition are as follows.
2. On 13.04.1971, the Indian Aluminium Company Limited, Belgaum works Standing Orders (for short “the Standing Orders”) were certified as required under S. 5 of the Industrial Employment (Standing Orders) Act, 1946 (for short “the Act, 1946”).
3. The Indian Aluminium Company merged with Hindalco Industries i.e. the present petitioner and as a consequence, the standing orders certified on 13.04.1971 became applicable to the petitioner and its workmen.
4. The Petitioner and its Unions, over a period of time, had entered into Long-Term Settlements which would be valid for a specified time. As of 2016, the petitioner had entered into 14 settlements with the trade unions, each of which were in subsistence for an agreed period. These settlements were entered into to prevent the occurrence of a possible industrial dispute between the Management and the Unions and ensure there was industrial peace.
5. In keeping with this practice of entering into another Long-Term Settlement i.e. the XV settlement, negotiations commenced with respondent Nos. 1 to 3, the recognized trade unions. A charter of demands was
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