J U D G M E N T

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The Government referred an industrial dispute between the management of Common Wealth Tile Factory and the union to the Industrial Tribunal Kozhikode. The reference is as follows:

“whether the demands of the workers for wage enhancement, enhanced rate of D.A. and overtime wages for the work after 5.30 p.m. Etc. are justifiable? If not what relief they are entitled to”?

2. The Union demanded enhanced rate of wages as well as D.A. and overtime wages. Before the Industrial Tribunal, the management took a plea that the members of the Union referred in the claim petition are contract employees under the contractor, namely, A.P.Abdurahimankutty and Sons.

3. The dispute was adjudicated by the Tribunal. The Tribunal found that the members are the workers under the management of Common Wealth and the workers are entitled for revision of wages. The Tribunal declined revision of D.A. and overtime wages.

W.P.(C) Nos.26118 & 35282/2005

4. W.P.(C) No.26118/2005 is filed by the Management, Commonwealth Tile Factory. W.P.(C) No.35282/2005 is filed by the Union.

5. There is subsequent development in the matter. An additional affidavit has been filed by the management in W.P.(C)