GOSWAMI - (1.) THIS appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of collective bargaining, which is the forte of a union, is sought to be made a flop. We say this in the absence of any suggestion to mala fides or of any other ulterior motive alleged by the contending union on the part of the rival union or its principal officer who had negotiated a certain settlement on behalf of the workmen in substitution of the award of the Industrial Tribunal out of which this appeal arose.
(2.) THE appellant before us is the employer, supported, wholehog, by the Bombay General Kamgar Sabha, respondent No. 3. Respondent No. 2 is the only contending union, viz., Mumbai Mazdoor Sabha. On 18/05/1967, there was a reference by the Government of Maharashtra of an industrial dispute under Section 10 (1) (d) of the Industrial Disputes Act to the Industrial Tribunal for adjudicating eight demands such as, wage scales, adjustment of increments, classification of workmen into different grades, dearness allowance, retrospective effect of the claim from 1/06/1966, gratuity, sick leave and wages for Sundays and holidays when called upon to work. The dispute was between the D & P Products (Private) Limited, Bombay and their workmen. A written statement was submitted by the Mumbai Mazdoor Sabha (2nd respondent) claiming to represent the majority of the workmen on 25/07/1967. It appears that this written statement was signed by V. S. Pandit as General Secretary. The company submitted their written statement on 17/08/1967, in which, inter alia, they pleaded incapacity to have greater burden on account of financial position. It was stated that the company had been making losses year after year since 1963-64. During the pendency of the dispute before the Tribunal, D & P Products (Private) Limited was amalgamated with Herbertsons Ltd. (the appellant) hereinafter to be described as the company) with effect from 1-10-1968 under the provisions of the Companies Act by an order of the Bombay High Court dated 6/01/1969.
(3.) THE wage scales existing at the time of reference were as follows:- JUDGEMENT_736_4_1976Html2.htm The demand of the workmen on the other hand was as follows:- JUDGEMENT_736_4_1976Html2.htm Dearness allowance "as paid to the Bombay Textile Operatives".;