ABHAY MANOHAR SAPRE,J - (1.) These appeals are directed against the final judgment and order dated 21.11.2005 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No. 449 of 1999 whereby the Division Bench of the High Court allowed the appeal filed by the respondent herein and the order dated 10.04.2007 whereby the review petition filed by the appellant herein was dismissed.
(2.) A few facts need mention hereinbelow in brief to appreciate the controversy involved in these appeals.
(3.) On 26.07.1989, the State Government made a reference under Section 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal, Kota for deciding the following disputes which read as under: "Whether the demands raised in the demand letters by the Secretary, Zila Petrol Pump Mazdoor Sangh before the Manager, Maheshwari Automobiles Corporation, District Bundi, are just and valid? If yes, to what reliefs the workmen are entitled to? DEMANDS 1. The difference between the amount which has been declared by the Government and the actual amount which has been paid by the Management, which has not been paid so far, be treated as deferred wages and paid to the workmen in the form of ex-gratia payment and this difference should be more than 20% of the salaries being received by the workmen; 2. All workmen should be given 15 days casual leaves in a year. 3. 11 holidays be given every year for National Holidays and other festivals. Three times payment be paid to the workmen for work taken from them in the year 1986 on such holidays; 4. Workmen should be designated/defined accordingly to their nature of work, i.e., skilled, semi-skilled and un-skilled, so that they receive salary according to their category; 5. All the workmen be given annual salary increments; 6. All the workmen be given dearness allowance in accordance with price index; 7. All workmen be paid 10% of their pay towards rent allowance; 8. Free medicines be provided to all the workmen and prescribed medical allowance be given to them; 9. Provident Fund Scheme be prepared for the workmen and deductions be made accordingly; 10. Education Fee be given to workmen for studies of their children; 11. At least two cotton uniforms every year and one woolen uniform every two years be provided to all the workmen." ;