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2024 Supreme(Online)(SC) 316
SLP (CIVIL) Diary No.1711/2024
ITEM NO.22 COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1711/2024
(Arising out of impugned final judgment and order dated 18-05-2023
in SPLA No. 241/2023 passed by the High Court Of Judicature At
Allahabad)
DALLA CEMENT FACTORY SHRAMIK SANGH Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
( IA No.15898/2024-CONDONATION OF DELAY IN FILING and IA
No.15897/2024-EXEMPTION FROM FILING O.T. )
Date : 25-01-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
For Petitioner(s)
Mr. Ashwani Kumar Dubey, AOR
Mr. Utkarsh Dwivedi, Adv.
For Respondent(s)
UPON hearing the counsel the court made the following
1. Application seeking exemption from filing official translation is allowed.
2. Delay condoned.
3. The petitioner-Union is aggrieved by the order dated 18th May, 2023, passed by the High Court of Allahabad dismissing the Special Digitally signed by GEETA AHUJA Date: 2024.01.31 16:36:58 IST Reason:
- Signature Not Verified Appeal1 preferred by it against the judgment dated 22nd March, 2023 passed by the learned Single Judge. The Division Bench has endorsed the view taken by the learned Single Judge that the respondent No.2
- namely, Deputy Chief Labour Commissioner(Central), Kanpur, could not have returned any findings of the breach of the Settlement Agreement dated 02nd December, 2020 or have directed the respondent No.4-
- Management to implement the Cement Wage Board Settlement/Award dated 20th February, 2019 and further hold that the Tripartite Settlement dated 02nd December, 2020 stood terminated.
4. It is submitted by learned counsel for the petitioner that the Cement Wage Board Settlement/Award dated 20th February, 2019 between the Cement Manufacturer Association and the Cement Workmen Association is final and binding between the parties and in view of the fact that no further Wage Settlement Agreement has been executed thereafter, the same continues to remain binding. In such circumstances, the impugned judgment could not have directed that the dispute between the petitioner and the Management-Respondent No.4 be referred to the appropriate Government for conciliation purposes.
5. Limited to the aforesaid aspect, issue notice.
(Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH) Special Appeal No.241 of 2023
