High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
The Management of Bata India Limited & Another
Versus
The Presiding Officer Industrial Tribunal Tamil Nadu, Chennai & Others
W.P.Nos.4938 & 5833 of 2009
Decided on : 23-11-2009
These writ petitions are directed against the award passed by the Industrial Tribunal, Chennai in I.D.No.29 of 2006 dated 12.02.2009, refixing the wages of workmen of Hosur Bata Employees Union. While W.P.No.4938 of 2009 is filed by the management of Bata India Limited, W.P.No.5833 of 2009 is filed by the workmen who made the claim before the Industrial Tribunal.
2. Bata India Limited is a multinational Indian subsidiary company and leading manufacturer of footwears having its Head Office at Gurgaon, Haryana. It has factories in India at Bangalore, Calcutta, Delhi, Faridabad, Hosur and Mokamehghat in Bihar and it has about 1600 showrooms of its own in the country and 2000 showrooms run by its dealers. That apart, there are many number of retail footwear shops.
2(a). The issue involved in the award relates to the wages of workers in Hosur factory of Bata India Limited. The Hosur factory is said to have been started in March, 1994 engaged in the manufacturing of shoes and sandals for men and women including the premium quality footwears such as, Hush Puppies, Hush Puppies Z Strap, Pinoso, Pinoso Wallapy, Pinoso New, Bounce 1, 2, 3, Ananda Bounce, Wind Classic, Flesmoc, Gap, Ambassador, Top, Ladies Massagio, Ladies Sandal, Dr.Scholl, etc.
2(b). It is stated that there are 124 permanent workers in the said manufacturing unit and 22 permanent managerial staff. That apart, there are 9 apprentices, 25 casual workers and one managerial staff engaged on contract basis, 12 security personnel and 14 housekeeping personnel in the facotry and one Ayah who works in the creche in the factory.
2(c). The Hosur Bata Employees Union, Hosur, is a registered Trade Union of workers of the factory at Hosur, which is stated to be the only Trade Union, in which all the 124 permanent workers including 84 female workers are members and the Union was formed in the year 1997. It is stated that the Union entered into various settlements with the management in respect of service conditions of the workers in the Hosur factory and the last of such settlement was dated 24. 2004, which was in fact for a period of two years viz., till 33. 2006.
2(d). It is stated that on 30.1.2006, the Employees Union issued notice to the management of their desire to terminate the settlement and on 2. 2006 the Union raised fresh charter of demands. There were bilateral negotiations between the management and the workers Union in respect of the charter of demands before the Labour Officer, Krishnagiri, which failed to bring in a settlement and the Conciliation Officer sent his failure report on 20.9.2006, pursuant to which the Government issued G.O.(D) No.788 dated 011. 2006, referring to the following issues to the Industrial Tribunal for a decision:
"(a). Whether the demand of the petitioner union that the basic wage for all the grades be increased by Rs.4000/- is justified? If so, to what relief is the petitioner entitled to?
.(b) Whether the demand of the petitioner union that the fixed D.A. be increased from Rs.850/- to Rs.3000/- is justified? If so, to what relief is the petitioner entitled to?
.(c) Whether the demand of the petitioner union that the variable D.A. be calculated on quarterly basis at the rate of Rs.20/-per point is justified? If so, to what relief is the petitioner entitled to?
.(d) Whether the demand of the petitioner union that the House Rent Allowance paid to the workers be increased from Rs.275/- to Rs.2000/-is justified? If so, to what relief is the petitioner entitled to?
.e) Whether the demand of the petitioner union that the Washing Allowance paid to the workers be increased from Rs.75/- to Rs.500/-is justified? If so, to what relief is the petitioner entitled to?
.(f) Whether the demand of the petitioner union that the Good Will Allowance paid to the workers be increased from Rs.278/- to Rs.1000/-is justified? If so, to what relief is the petitioner entitled to?
.(g) Whether the demand of the petitioner union that the Annual Extra
228. Batuk K. Vyas v. Surat Borough Municipality AIR 1953 Bom 133 (R)
30.30. Nagendra Nath Bora v. Commissioner of Hills Division and Appeals
336. Ramniklal N. Bhutta and Another vs. State of Maharashtra and Others (1997) 1 SCC 134
337. Shama Prashant Raje vs. Ganpatrao and Others (2000) 7 SCC 522
6. Workmen of Indian Oxygen vs. Indian Oxygen (1985) 3 SCC 177
223. Hari Vishnu Kamath vs. Ahmad Ishaque and others AIR 1955 SC 233
334. Dhrangadharu Chemical Works Ltd., v. State of Saurashtra
331. Syed Yakoob vs. K.S. Radhakrishnan AIR 1964 SC 477
333. Basappa v. Nagappa (1955) S.C.R. 250; AIR (1954) SC 440
335. State of Andhra Pradesh v. S. Sree Ram Rao
338. Bharat Bank Ltd., Delhi v. Employees of the Bharat Bank Ltd.
447. Wadala Factory of the Indian Hume Pipe Co. Ltd., vs. The Indian Hume Pipe Co.Ltd.
8. J.K. Iron and Steel Co., Ltd., Kanpur vs. The Iron and Steel Mazdoor Union
222. Ebrahim Aboobakar and Hawabai Aboobakar of Bombay vs. Custodian General of Evacuee Property
226. Neltaon India and others vs. Bipin V. Patel (2006) 9 SCC 192
gpt-4
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.