M/S PEE VEE TEXTILES LTD. Vs. STATE OF MAHARASHTRA & ORS

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1497 OF 2011

M/S PEE VEE TEXTILES LTD. ………APPELLANT

Vs.

STATE OF MAHARASHTRA & ORS. ………RESPONDENTS

 

The appellant is the employer and respondent nos. 4 to 8 herein are the representatives of its workmen. The workmen raised an industrial dispute under the provisions of the Bombay Industrial Relations Act, 1946 (for short “the B.I.R. Act”) read with the relevant provisions of the Bombay Industrial Relations Rules, 1947 (for short “the B.I.R. Rules”) in relation to the service conditions of the workmen for payment of variable dearness allowance (VDA) to be given to all categories of workmen, in the industrial establishment of the appellant with an increased rate from time to time as per the Government notification dated 1.4.1993. The third respondent – Assistant Commissioner of Labour, Nagpur, the Conciliation Officer, before whom the workmen raised an industrial dispute in relation to the above service conditions of the workmen, has issued a notice to the appellant either to settle the matter or he will refer the industrial dispute to an appropriate Industrial Tribunal/Labour Court for adjudication of the same in accordance with law. The appellant filed objection statement on 14.4.2008 before the Assistant Commissioner of Labour, inter alia, stating that no industrial dispute was existing between the workmen and the employer with regard to the claim of variable dearness allowance as per the Government notification dated 1.4.1993, as the appellant employer and the elected representatives of the workmen who were elected as per Section 28 of the B.I.R. Act, have signed the settlements with regard to the variable dearness allowance as per the settlements dated 06.05.1993, 12.06.1996, 29.04.1998, 07.02.2000, 09.05.2003 and lastly on 16.04.2006, which was in force for a period of 3 years i.e. upto 31.03.2009. Since the industrial dispute could not be settled between the parties in the conciliation proceedings and in the light of the legal objections raised by the appellant, the Assistant Commissioner of Labour forwarded the failure report to the Commissioner of Labour – the second respondent herein, under Section 64 of the B.I.R Act. The Commissioner of Labour published the failure report and forwarded the same with his recommendation to the State Government to make an order of reference of the industrial dispute to the Industrial Tribunal having the jurisdiction for adjudication as the objection raised by the appellant does not have any legal standing. The State Government, after examining the matter, referred the same for adjudication to the Industrial Tribunal, Nagpur, as per the point of dispute in exercise of its powers conferred under Section 73(2) of the B.I.R. Act vide its order dated 18.02.2009. Aggrieved by the same, the appellant filed a writ petition before the High Court which was also dismissed by passing the impugned judgment. Hence this appeal….read more