2013 Supreme(Bom) 2604

IN THE HIGH COURT OF BOMBAY AT GOA
R.M. SAVANT, J.

Goa Ship Yard Limited, through its Chairman and Managing Director & Others
Versus
Vishwas D. Honavarkar & Others
Writ Petition Nos. 199 of 2008 & 664 of 2008
Decided on: 24-12-2013

Headnote:

The Goa Shipyard Limited (GSL) challenged the Industrial Tribunal/Labour Court-I, Panaji Goa Award dated 26/10/2007, which granted the benefits of the pay-scales recommended by the Justice Mohan Committee Report (JMCR) to non-unionized supervisory staff, to 19 workmen with effect from 01/04/1998. The 19 workmen, represented by their Association, challenged the Award to the extent it denied the benefits of the pay-scale under the JMCR from the day they came into force i.e. 01/04/1998.

Fact of the Case:

The reference in question being Reference IT/2/2007 was preceded by the Writ Petition filed by the said 19 workmen being Writ Petition No.481 of 2005 in which Writ Petition a direction was sought that the employer i.e. Goa Shipyard Limited (GSL) should be directed to extend the benefits of the pay-scales of the JMCR to the Petitioners therein i.e. 19 workmen. The said Petition was founded on the allegation of discrimination by the employer i.e. Goa Shipyard Limited vis-a-vis the said 19 workmen, as according to the Petitioners therein i.e. the 19 workmen, though there was a historical parity in pay-scales between the workmen who were granted the benefit of the said S1, S2 and S3 scales and the 19 workmen, the Respondent therein i.e. the GSL refused to extend the benefits of the S1, S2 and S3 to the 19 workmen. The said Petition came to be disposed of by this Court by order dated 06/06/2006 wherein this Court held that the dispute whether the members of the Petitioner-Association therein i.e. the 19 workmen who are store keepers are discriminated in the matter of extension of benefits of the JMCR and whether the acceptance of benefits of settlement dated 06/09/2002 bars the members of the Petitioner-Association from receiving benefits under the JMCR with effect from 01/04/1998 can be adjudicated and resolved by the Industrial Tribunal in a reference under Section 10 of the Industrial Disputes Act, 1947. In pursuance of the order dated 6/6/2006 the Association of the 19 workmen raised an industrial dispute on 27/7/2006 which dispute on the conciliation proceedings having been failed came to be referred by the Government of Goa to the Industrial Tribunal by the order dated 06/10/2006 passed under Section 10(1)(d) of the Industrial Disputes Act. The terms of reference were inter-alia as follows :- "1.(a) Whether the acceptance of the benefits of settlement dated 06/09/2002, bars the workmen represented by the Goa Shipyard Storekeepers Association, Vasco-da-Gama, from receiving benefits under Justice Mohan Committee Report with effect from 01/04/1998? (b) Whether the workmen who are store keepers are discriminated in the matter of extension of benefits of the Justice Mohan Committee Report? 2. If the answer, to (a) above is in the negative and the answer to (b) above is in the affirmative then, to what relief the workmen are entitled?"

Finding of the Court:

The Industrial Tribunal held that the workmen were barred from claiming the benefits of the JMCR during pendency of the settlement dated 6/9/2002 i.e. till 31/12/2006. However, it has held that the said workmen would be entitled to S2 and S3 pay-scales from 1/1/2007 with consequential benefits recommended under the JMCR if they make a declaration in writing declaring themselves as nonunionized supervisors. The Industrial Tribunal held that the Association was entitled to espouse the cause of the said 19 workmen. The Industrial Tribunal thereafter held that the dispute raised by the 19 workmen was an industrial dispute.

Issues: 1. Whether the Goa Shipyard Storekeepers Association, Vasco da Gama, Goa is competent to raise dispute for and on behalf of the workmen? 2. Whether the dispute raised by the said Association in the industrial dispute within meaning of Section 2(k) of the Industrial Disputes Act, 1947? 3. Whether the acceptance of benefits of settlement dated 6/9/2002 bars the workmen represented by the Goa Shipyard Storekeepers Association Vas-coda-Gama, from receiving benefits under the Justice Mohan Committee Report w.e.f. 1/4/1998? 4. Whether the workmen who are Storekeepers are discriminated in the matter of extension of benefits of the Justice Mohan Committee Report? 5. Whether the workmen are entitled to the reliefs as prayed for? 6. What Award?

Ratio Decidendi: The Industrial Tribunal was right in extending S2 and S3 benefits to the said 19 workmen with consequential benefits but only with effect from 1/1/2007 i.e. after the validity of settlement dated 6/9/2002 comes to an end on 31/12/2006.

Final Decision: Both the Petitions are dismissed. Rule discharged in both the Petitions with no order as to costs.