- (1.) This writ petition has been filed bv M/s. Indian Drugs and Pharmaceuticals Ltd.. Unit Antibiotics Virbhadra. Rishikesh. U. P. against the interim finding given bv the Industrial Tribunal in a reference made to it of the dispute under Section 4-K of the U. P- Industrial Disputes Act.
(2.) The reference of the dispute to the Industrial Tribunal is in respect of the number of davs allowable as earned leave to workmen emploved after 27-5- 1969 The workmen emploved earlier than this date were getting 33 davs' earned leave while leave allowable to workmen coming later was reduced to 17 davs. The dispute is in respect of the justification propriety and legalitv of this difference between the earned leave admissible to the workmen.
(3.) It appears that in 1969 a dispute did arise between the management and the workmen One set of demands was made bv the Union known as Antibiotics Proiect (Rishikesh) Karamchari Sangh. Another set of demands was raised bv the Union known as Rashtriva Sramik Sangh. There was another Union known as 'I. D. P. L.' Employees Union. representing the workmen of the petitioner. This Union did not nut forward anv set of demand of its own but supported the demands raised bv the other two unions. Ultimately a settlement was reached between the Management and the Antibiotics' I. D. P. L.' Employees Union and the Bhartiva Maidoor Sangh. Rashtriva Shramik Sangh did not enter into the agreement. Two separate agreements were signed between the Management and the two Unions which had entered into a settlement. Thev were almost in similar terms. The dispute which is at present the subiect-matter of reference has been raised bv Rashtriva Shramik Sangh. The settlement with the two unions were registered. Later on the management put up a notice to the effect that those workmen who were either members of Rashtriva Shramik Sangh or were not the members of the signing Unions could also receive the pavment envisaged by the agreement dated 30th September. 1970 on condition that they would be deemed to have agreed to the agreement and thereby bound by the same. The members of the Rashtriva Shramik Sangh individually accepted the payment.;