Decided on November 29,1983



R.A.MEHTA - (1.) This petition by the employer is directed against the award by the Industrial Tribunal in a reference under sec. 10(1)(d) of the Industrial Disputes Act whereby the Tribunal granted the demand of special compensation of Re. 1/- per day (the demand was for Rs. 8.00 per day) per each actual working day to each of the workmen who had been transferred from the pattern shop in the main factory of the company at Baroda to the pattern shop of the Company established by the Company at village Dashrath on National Highway no. 8 from the date they had been made to work in that pattern shop in that village.
(2.) Mr. V. B. Patel the learned counsel for the petitioner company has raised the two following contentious against this award: (a) The reference of the industrial dispute itself was barred in view of the settlement in Complaint no. 50 to 78 of 1975 and the consequent consent award in terms thereof passed on 11 and (b) the demand for such compensation for loss on account of additional time was not legal and justified.
(3.) Regarding the first contention it was pointed out that 29 out of 45 workmen who were sought to be transferred had filed complaints under sec. 33-A against shifting of the pattern shop and their apprehended transfers consequent thereof and it was contended that since such complaint was required to be adjudicated upon as if it were a dispute referred to the Industrial Tribunal subsequent reference would be barred. The terms of the settlement are as follows: The parties in the above matter beg to file this settlement as under: 1 That the opponent company shall be entitled to shift the pattern shop from its present premises to a place opposite Gujarat State Fertilizers Company where the company has its shed. 2 That by the said shifting of the department the company shall not change the service conditions to the detriment of the workmen who may be required to be transferred to the new place. 3 That the workmen to be transferred to the new shed as stated above will be given to and fro S.T. bus fare from the Nyayamandir to the new place opposite Gujarat State Fertilizers Company. 4.That the workmen to be transferred will continue to be the employees of the company. 5 That the workmen to be transferred will be given tea twice in a shift and a Katori of vegetable once in a shift at the same rate at which it is being given in Jyoti Limited Baroda. 6 That in case the transferred workers are called back from the new shed to the Baroda factory the above arrangement and facility and amenities given by this settlement will be immediately withdrawn. It is therefore requested that an Award in terms of present settlement be made.;

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