D.P.Singh, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition is directed against an order dated 25.2.2003 by which an application of the petitioner moved under Section 33-C (1) of Industrial Disputes Act 1947 (hereinafter referred to a Central Act) has been rejected.
(3.) The petitioner is Trade Union of Workers of the respondent company registered under Trade Union Act. The respondent company is engaged in production of colour picture Tubes for use in television sets and employs about 769 workmen directly for that purpose, apart from other employees. In order to enhance the production, it entered into a settlement with the aforesaid employees for grant of incentives for increasing the production vide settlement dated 22.7.1999 which settlement was entered before the respondent No. 1. In pursuance of the settlement, the aforesaid production of picture tubes, which was between forty to fifty thousand per month increased tremendously to about one lac twenty thousand picture tubes a month. Due to various reasons 13 days shut down was taken by the management in April, 2001, 15 days in May, 2001, 14 days in July 2001 and 12 days in August 2001 but the respondents were not paid their production incentive as per the settlement for the months of April, May, July and August 2001. They made an application under Section 33-C (1) before the authority which issued notices to the respondent company. Instead of filing their reply on merits a preliminary objection dated 20.5.2002 was filed. Simultaneously, he filed writ petition No. 23858 of 2002 basically on the ground that application under Section 33-C (1) was not maintainable and they were able to obtain interim orders but subsequently the interim order was not extended and they withdrew the writ petition. Again another set of preliminary objections dated 16.9.2002 was filed reiterating the earlier objections and also stating that the claim of the workman was not covered by paragraph 3.5 of the settlement. The authority vide the impugned order dated 25.2.2003 has allowed the objection of the company, basically on the ground that the entitlement and the amount has been seriously disputed by the company and, therefore, the petitioner should get an adjudication under Section 4-K of the U.P. Industrial Disputes Act (hereinafter referred to a State Act). This order is impugned in this petition.;