MANAGEMENT OF SALEM DISTRICT CO OPERATIVE MILK PRODUCERS UNION LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The writ petitioner is the Management. They have come forward to challenge the award of the first respondent- Industrial Tribunal made in I.D.No.24 of 1993 dated 30.03.1999. By the aforesaid award, the Tribunal had granted the relief to the workmen represented by the second respondent Trade Union and held that since the petitioner Management had not given notice under Section 9-A of the Industrial Disputes Act, the workmen are entitled for continued enjoyment of 32 days Earned Leave in a year.

(2.) The second respondent Union raised a dispute under Section 2(k) in respect of the Industrial workmen employed by the petitioner Management. Their grievance was that while the office staff were enjoying 32 days Earned Leave per year, the earned leave for the workmen employed in the factories was reduced to 18 days in accordance with Section 79 of the Factories Act, 1948. Under the said provision, workmen are entitled for 1 day Earned Leave per every 20 days and therefore, the Earned Leave enjoyed by the workmen was restricted to 18 days per year. Aggrieved by the action of the Management altering service conditions, the respondent Union raised a dispute. The said dispute came to be referred for adjudication by the first respondent Industrial Tribunal by G.O.(D).130 Labour and Employment Department dated 12.02.1993.

(3.) The Tribunal took up the dispute as I.D.No.24 of 1993 and issued notice to the parties. The second respondent Union filed a claim statement dated 25.10.1993 and the petitioner Management filed their counter statement dated 11.01.1996. Before the Tribunal, on behalf of the workmen, 7 documents were filed and marked as Exs.W1 to W7. On their behalf, two witnesses were examined as W.W.1 and W.W.2. On the side of the petitioner Management, 5 documents were filed and marked as Exs.M1 to M5 and they examined two witnesses as M.W.1 and M.W.2.