Point of Law: An " award " is defined in s. 2(b) of Act as meaning " an interim or final determination by an Industrial Tribunal of any industrial dispute or of any question relating thereto."

ORDER :

By way of instant writ petition filed under Art. 226 of the Constitution of India, challenge has been laid to order dated 11.9.2019 passed by learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla in App. No. 101 of 2019 (Annexure P-1), whereby learned Tribunal below, while disposing of an application preferred under S.10(4) and S.2(b) of the Industrial Disputes Act, 1947 (hereinafter, ‘Act’) read with S. 151 CPC, preferred on behalf of the respondent Union, passed an interim order, thereby directing the petitioner Management to pay increments to 168 workers, as was being paid, as per prevailing practice earlier to ‘Long Term Settlement’ prior to 2015, though subject to the length of service and category. Apart from above, learned Tribunal below also held the members of the respondent Union entitled to receive enhanced wages with effect from October payable on 1.11.2019 along with arrears from April, 2015 till date.

2. Precisely, the facts of the case, as emerge from the record are that the respondent Union raised a demand on 5.1.2015, relating to the proposed ‘long term settlement to be followed after April, 2015. Demands were relating to increase in salary, allowances, leave, medical facility, insurance and other issues related to the working conditions of the workmen. Since the conciliation proceedings inter se respondent Union and the petitioner Management failed, ‘appropriate Government’ made a reference under S. 10(2) of the Act as under, to the Industrial Tribunal-cum-Labour Court:

“Whether demands raised vide demand notice dated-05.01.2015 (Copy-enclosed) by the President & General Secretary, Secure Meters Workers Union (INUTC) Registration No. 1199, Secure Meter Ltd. Unit- II & III, Barotiwala, Distt. Solan, H.P. raised before and to be fulfilled by the Employer/ General Manger, M/s Secure Meters Ltd., Unit-II & III, Barotiwala, Distt. Solan, H.P. are legal and justified? If yes, what relief in terms of demand notice dated- 05.1.2015 regarding monetary benefits and other service benefits, the concerned workers are entitled to from the above Employer/Management?”

3. Since, during the pendency of the reference, the petitioner- Management increased the salary of 83 workers, who were similarly situate to other 168 workers, respondent Union filed an application under S.10(4) and 2(b) of the Act in the pending reference before learned Tribunal below, praying therein to pass interim order, directing the petitioner Management to pay equal wages/salary to the workers, as was being paid to the workers prior to 2015. In the aforesaid application, respondent Union claimed that all the 251 workers performing same and similar work till 2015, were being paid similar salary but after raising of the demand notice on 5.1.2015, only 83 workers have been given a hike in their salaries and salary of 168 workers has not been increased after April, 2015, as a consequence of which, difference in their salary has crossed Rs. 6,000/- per month. Respondent Union though claimed that the intention of the petitioner Management is to create pressure upon 168 workers to leave the Union and frustrate the rights of the respondent Union, which were accruable in favour of the workers after long term settlement inter se parties. Respondent Union also termed the action of the petitioner Management to be against the settled principle of ‘equal pay for equal work’, besides being violative of S.9 of the Act, Fourth Schedule appended thereof. Respondent Union claimed that since all the workers are performing same nature of work, they are entitled to same wages, as were being given to them prior to April, 2015.

4. While contesting aforesaid application, petitioner Management inter alia raised preliminary objections that the application is not maintainable, because, issue raised in the application for interim relief is not a matter ‘incidental’ to the reference, as such, no relief can be granted under S.10(4) and 2(b) of the Act. Besides abov