Decided on January 30,1979

ITS WORKMEN Respondents


B.J.DIVAN - (1.) Since the questions arising for decision in all these matters pertain to the main substantial award which is one and the same for ail these matters we will dispose of all these six matters by this common judgment. In Reference (IC) No. 16 of 197G in arbitration proceedings between three of the co-operative sugar factories in Bulsar in Surat District and think workmen the President of the Industrial Court Gujarat gave his award an April 27 1977 That award has been challenged by three co-operative societies namely Shri Khedut Sahkari Khand Udyog Mandali Ltd. Bardoli Sahkari Khand Udyog Mandali Ltd. Gandevi and Shri Madhi Vibhag Khand Udyog Sahkari Mandali Ltd. Madhi in Special Civil Application No. 1036 of 1977. The workmen employed in the sugar factory in all the three sugar factories namely Madhi Gandevi and bardoli have though Vapi General kamdar mandal Bilimora challenged the said award in Special Civil Application No. 1136 of 1977. Some of the workmen and their union on their behalf have filed Special Civil Application No. 1148 of 1977 and some of the workmen of the bardoli factory and their representatives have filed Special Civil Application No. 311 of 1978 has been filed by another trade union representing some of the workers of all the three sugar factories namely madhi Gandevi and Bardoli Sugar Factories.
(2.) Over and above these three sugar factories at Barodoli Madhi and Gandevi there is a co-operative sugar factory at Una in Junagadh District of the State of Gujarat and the Saurashtra Majoor mahajan demands more or less similar to the demands put forward by the workers regarding at Una factory by the President on July 20 1977 the President but by and large he has followed his decision in Reference (IC) No. 16 of 1976 in respect of bardoli Madhi and Gandevi factories and in terms he has stated in his award regarding Una factory and the workmen employed there : "Now as aforesaid the demands raised in this reference are on the lines of the order passed by the Govt. of Uttar Pradesh published in Govt. Gazette Uttar Pradesh dated 31st October 1974 which I have set out earlier. I had an occasion to deal with this question in Reference (IC) No. 16 of 1976 in the arbitration between Shri Khedut Sahakari Khand Udhyog Mandali Ltd. Barodoli; Sahakari Khand Udhyog Mandali Ltd. Gandevi; District Bulsar; Shri Madhi Vibhag Khand Udyog Sahakari Mandali Ltd. Madhi taluka Bardoli; and the workmen employed under them and have examined the question in all its details and for the reasons stated made an award on 28th April 1977 (Vide Gujarat Govt. Gazette part I-L Dt. 12 pages 2200-36 Awar-Part II dated 11th April 1977). I do not therefore consider it necessary to go into the question any further. I adopt the reasoning and the observations made by me in the said award given in Reference (IC) No. 16 of 1976" Thus it is clear that substantially it is the same award and the same reasoning which govern all these cases namely Una sugar factory as well as the three factories in South Gujarat namely Madhi Gandevi and Bardoli Special Civil Application No. 1505 of 1977 has been filed by the Una Sugar factory. Special Civil Application No. 602 of 1978 is a petition filed by the workmen of the Una Sugar Factory through their union representatives Saurashtra majoor Mahajan Sangh.
(3.) This is how all these matters are inter-related and since the challenge in all these matters from both sides employers as well as workmen is to the award of the President given in Reference (IC) No. 16 of 1976 mentioned above we are disposing of all these cases by out common judgment.;

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