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M. S. RAMESH, M. JOTHIRAMAN
R. Selvam – Appellant
Versus
Presiding Officer, Labour Court – Respondent
JUDGMENT :
M.S.RAMESH, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, praying to allow the writ appeal and set aside the order dated 26.07.2013 in WP.No.18057 of 2008.
For the sake of convenience, the appellants herein are referred to as 'workmen', the first respondent as 'Labour Court' and the second respondent as 'the Mill'.
2. All the seven appellants herein are members of INTUC Trade Union and workmen of the Mill. From 14.09.1994 onwards, the workmen of the Mill resorted to strike and during the continuation of strike, there were several rounds of conciliation talks between the parties and ultimately, on 02.01.1995, the Trade Union and the Mill entered into a Settlement under Section 12(3) of the Industrial Disputes Act, 1947 (hereinafter called as 'the Act') for the period between 01.01.1995 to 13.12.1999. Among several clauses in the agreement, the Mill had agreed that the Variable Dearness Allowance (VDA) for more than 5000 points would be calculated @ 30 paise per point and merge with the basic pay, apart from the House Rent Allowance (HRA) and Medical Allowance (MA). It was also agreed therein that after the expiry of Section 12(3) Settlement, the same wo
The original Settlement under Section 12(3) remains binding, and the subsequent Settlement under Section 18(1) does not replace the agreement regarding Variable Dearness Allowance (VDA).
Settlements reached in conciliation proceedings bind all employees, not limited to union members, ensuring rights to unimplemented agreements.
Industrial settlements are binding package deals promoting peace; fraud requires specific proof and timely protest; employee status continues post suspension notice assuring protection until valid vo....
The Settlement executed with the recognized Union becomes binding on all workmen, and the employer cannot deny the benefits of the Settlement to non-members of the recognized union. The recurring cau....
The court reinforced that a settlement under the Industrial Disputes Act cannot override the existing statutory rights of workers to claim wages resulting from illegal closure, as stipulated in the t....
The main legal point established in the judgment is that settlements entered into in Industrial Disputes are valid and legal, even though provisions similar to Order XXIII Rule 3 CPC do not exist in ....
The main legal point established in the judgment is that approved and registered by-law amendments create a pre-existing right for employees to claim benefits, and the delay in claiming monetary bene....
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