JYOTI LIMITED Vs. JYOTI KARMACHARI MANDAL

JUDGEMENT

(1.) PETITION is filed by the employer challenging the award dated 31. 7. 97 passed by the Industrial Tribunal, Vadodara in Reference (IT) No. 8/89. Three demands of the Union came to be accepted by the said award which were as follows:-For providing woolen uniforms instead of ordinary uniforms; for sending the workmen working in the tool room on the Japex Machine for medical check up once every year before the doctor of the Company or of the ESIC hospital, and to give Rs. 100/- as special allowance to those workmen working on Japex Machine in tool room who has not reached in 7th grade in pay. Learned advocate Shri Raval appearing for the Union stated under instructions of Mr. Amrish Brahmbhatt, General Secretary of the Union, that so far as the 3rd direction is concerned, the Union does not insist on implementation thereof.

(2.) WITH respect to the remaining two directions given by the Industrial Tribunal, I am of the opinion that no interference is called for. The Industrial Tribunal has directed giving of woolen uniform instead of ordinary uniform to the workmen concerned on the ground that in the room where Japex Machine is being operated, the temperature is maintained at 7 centigrade. Though the petitioner tried to raise a dispute regarding this finding and contended that the temperature of around 18 to 20 centigrade is maintained, this is a pure finding of fact reached by the Industrial Tribunal calling for no interference by this Court in absence of any perversity.

(3.) WITH respect to the requirement of medical check up of the workman annually also, I find no illegality and in fact the petitioner was also not seriously opposing this direction.