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2005 Supreme(Bom) 1832

NISHITA MHATRE
POLYPHARMA PVT. LTD. – Appellant
Versus
KAMGAR SABHA – Respondent


Advocates Appeared:
For the Appellant : P.M. Mokashi
For the Respondent: A. Shaikh and M. Londhe, instructed by Sanjay Udeshi and Co.

JUDGMENT :

Nishita Mhatre, J.—The Petition challenges the award of the Industrial Tribunal granting revision in wages and other demands. The demands relate to the monthly rated workmen (hereinafter referred to as 'the staff').

2. An award of the Industrial Tribunal governed the service conditions of the daily rated workmen employed with the Petitioner-company in their two factories. In 1979, the workmen joined a trade union known as Maharashtra General Kamgar Union (for short, hereinafter referred to as 'MGKU'). According to the petitioner, after a long period of labour unrest, a settlement was signed between the union and the management on 20.10.1979. This settlement was in respect of the service conditions including wages, D.A., etc. for the daily rated workmen. The settlement was to be in operation upto 31.12.1979. On 6.1.1981, the MGKU submitted a fresh charter of demands for both the daily rated workmen and the staff employed with the Petitioners. Since no settlement was arrived at, the Union resorted to the machinery constituted under the Industrial Disputes Act and obtained a reference for adjudication of the wage dispute. This reference was made in 1982. The statement of clai

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