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2014 Supreme(Mad) 1054

R.MAHADEVAN
A. M. D. Leenus – Appellant
Versus
Management of Tuticorin Stevedors Association, Rep by its Secretary, Tuticorin Stevedors Association, Chevalier – Respondent


Advocates Appeared:
For the Petitioners:C. Selvaraj, Senior Counsel for V. Panneerselvam, Advocate.
For the Respondents:R1, No Appearance, R2, P.S. Sundaram, Advocate, R3, Labour Court.

Judgment :

1. The petitioners in both the Writ Petitions have challenged the Award, dated 23-03-2005, made in Claim Petition Nos.135 of 1992 and 155 of 1992 of the Labour Court Tirunelveli, dismissing their Claim Petitions.

2. The brief facts, which are common to both the Writ Petitions, are as follows:

The petitioners are workers in the Tuticorin Port Trust. In 1983, after negotiations, a settlement under section 12(3) was entered into between the management and the unions of which the petitioners are members. As per the terms of the settlement, the workers were entitled to incentives for handling cargo in addition to their regular load. The incentive was fixed based on the basic wage of the shore worker. Subsequently, another settlement was arrived at, on 11.4.1984, whereby the earlier settlement was revised, but the revised basic wage was decided not to be considered for fixing the incentives for cargo lifting. Another settlement was entered into, on 12.06.1989 and though the incentive rates were revised, the revised basic rates were agreed not to be considered for calculating incentives. Aggrieved over the same, the above said Claim Petitions were filed. The Claim Petitions wer









































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