MANAGEMENT OF J K PAPER MILLS Vs. WORKMEN AND 2 ORS
LAWS(ORI)-1973-1-9
HIGH COURT OF ORISSA
Decided on January 25,1973

MANAGEMENT OF J K PAPER MILLS Appellant
VERSUS
WORKMEN AND 2 Respondents

JUDGEMENT

- (1.) THE management of the the J. K. Paper Mills is petitioner in this application under Articles 226 and 227 of the Constitution of India.
(2.) THE company (J. K. Paper Mills) which is a concern of Messrs, Straw Products Limited commenced business at Jaykaypur near Rayagada in the district of Koraput in 1962. In 1964, the J. K. Paper Mills Employees' Union was registered under the Trade Unions Act and worked as sole representative union of workmen employed in the Mills. Dispute relating to bonus for the years 1964 and 1965 between the employer and the workmen was referred under the Industrial Disputes Act to the Tribunal and was registered as Industrial Dispute Case No. 20 of 1966. Similarly a dispute relating to bonus for the year 1966 was referred to the Tribunal in Industrial Dispute Case No. 24 of 1968. The J. K. Paper Mills had been declared as a public utility service as defined in Section 2 (n) of the Industrial Disputes Act. Notice was given by the union on 26-8-1969 under Section 22 (1) of the Industrial Disputes Act of an intended strike. A charter of demands was also furnished along with it. Payment of bonus was one of the items included in the said charter of demands.
(3.) ON 12-9-1969, two settlements were reached between the management and the employees' union, one relating to several disputes and the other specifically relating to payment of bonus. It is the case of the petitioner that the union was interested In a long term settlement regarding payment of bonus for the convenience of workmen. Accordingly both the pending disputes of past years relating to bonus and claim upto 1971 formed the subject-matter of settlement.;


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