Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Justice A.D. Maria Clete, J
Bharat Heavy Electricals Limited, Represented by its Additional General Manager (HR) – Appellant
Versus
General Secretary, BAP Mazdoor Sangam (BMS), BAP / BHEL, BHEL Post, Ranipet – Respondent
JUDGMENT :
(A.D. MARIA CLETE, J.)
Heard.
2. The Petitioners, being the management of BHEL, have filed the present writ petition challenging the award passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai, in I.D. No. 91 of 2015, dated 11.11.2019, whereby the Tribunal has made the following award: –
“In view of the discussions held in preceding paragraphs, the claim of the First Party petitioners, for extension of enhanced consolidated wages and wage arrears, to the TEA, recruited in a common Employment Notice 1/2007, joined before 01.01.2009 has got every merit as established on the evidence on record. The First Party Union accordingly is entitled to the relief sought for in consonance to the reference. Before parting with the order, it is felt to issue direction to the Second Respondent to take necessary steps for identification of the beneficiaries (members of the First Party Union) who by virtue of the common Employment Notice 1/2007 joined Respondent’s establishment before 01.01.2009 for implementation of the enhanced wage revision.
Hence ordered.
The Second Respondent is hereby directed to take necessary steps for rectification of the anomaly crept in the ci
The court held that prior settlements are binding on unions, and claims for wage benefits cannot be raised if previously resolved, emphasizing the importance of adherence to agreements.
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 central legal point established is that the Labour Court must prima facie satisfy itself on the fairness and justness of settlements under Section 11 of the Industrial Disputes Act, by examining ....
Consent awards under the Industrial Disputes Act, once given by management, cannot be retracted unless valid objections were filed at the time of consent.
The court affirmed existing employee benefits under the Industrial Disputes Act, maintaining retirement age at 60 and rejecting unjustified pension scheme modifications by management.
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 Tribunal must conduct a thorough evidentiary analysis to justify decisions concerning wage revisions and additional allowances under the Industrial Disputes Act, ensuring all material evidence is....
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....
Workmen are not entitled to wages during an illegal strike; minimum wage must reflect parity with similar undertakings while considering existing agreements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
