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1992 Supreme(Mad) 100

BAKTHAVATSALAM
E. I. D. Parry (India) Ltd. and another – Appellant
Versus
The Presiding Officer, Industrial Tribunal, Madras and another – Respondent


Advocates:
M.R.Narayanasami, Senior Counsel for MIS T.S.Gopalan, P.Ibrahim Kalifullah and S.Ravindran, for Petitioners. V.Prakash, for Respondent No.2.

Judgment :-

The petitioner challenges an interim order passed by the first respondent tribunal in M.A.No.62 of 1991 in I.D.No.16 of 1991, dated 11. 1991. By this order an ad hoc relief was given by the first respondent tribunal to the members of the second respondent association.

.2. A settlement was arrived at between the second respondent association and the petitioner management under Sec.12(3) of the Industrial Disputes Act, 1947 and was formulated with regard to clearness allowance. According to Clause 21(1) of the Settlement, the settlement came into force on 6. 1985 and was in force till 35. 1989 and shall continue to remain in force thereafter until the same is terminated by giving two months notice in writing by other parties. A notice under Sec.19(2) & (6) of the Industrial Disputes Act, 1947 was given by the second respondent Union on 313.1989 for termination of the settlement dated 15. 1985 raising Charter of Demands. A subsequent Charter of Demands was raised on 35. 1989. Demand No.l(B) was with regard to dearness allowance and the demand of the second respondent Union was that the dearness allowance should be paid every month based on the previous month’s index. The q

































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