C. V. Bhadang, J. - (1.) The petitioners which is a minority union, is challenging the judgment and award dated 12/5/2014 passed by the Industrial Tribunal and Labour Court at Panaji in LCC 44/1998.
(2.) The brief facts are that: The petitioner had raised a Charter of Demands (COD) in respect of which a reference being Case No.LCC/44/1998 was made to the Tribunal. It is undisputed that during the pendency of this reference the respondent had entered into a settlement dated 5/11/1997 with the majority union M/s. Zurai Agro Chemicals Employees' Union) inter alia granting revised salary grades and other benefits. It is further a matter of record that the petitioner union and the respondent filed consent terms before the Tribunal for passing an award in terms of the settlement dated 5/11/1997. Thus the reference was disposed off on 1/7/1998 in view of the consent terms. The present petition involves a dispute as to the interpretation to be placed on the consent terms and more particularly, clauses 3.2.1 to 3.2.5 of the award dated 1/7/1998.
(3.) In short according to the petitioners, the benefits as admissible under Clause 3.2.2 to 3.2.5 were to be calculated after the existing grades are revised. In other words, the benefits admissible under the aforesaid clauses, according to the petitioner have to be computed on the basis of the revised grades. The contention of the respondent is that the benefits have to be calculated on the existing grades as on 31/12/1995. It is contended on behalf of the respondent that all the members of the majority union as well the petitioners had accepted the benefits as applicable under clauses 3.2.2 to 3.2.5 calculated on the basis of the existing i.e. pre- revised grades.;