MANAGEMENT OF SARAN MOTORS PRIVATE LIMITED Vs. HANS RAJ

JUDGEMENT

(1.) This writ petition has been filed by the Management against the order of the Additional Industrial Tribunal Delhi dated 6th April, 1967 by which it has repelled the preliminary objection raised by the Management.

(2.) The material facts of the case are that on a previous occasion there was a dispute between the Management and its workmen relating to the conditions of service. This was referred to the Industrial Tribunal on 18th April, 1960 under I.D. No. 98 of 1960 During the course of proceedings, the Management and the workmen arrived at a settlement which was incorporated. in an award dated 5th November, 1960 It is the construction and effect of the arbitration clause contained in the present case.

(3.) he said award was published by the Government and became effective. Eventually the workmen terminated it on 26th August, 1964. There after they raised a charter of demands. The charter principally related to revision of the wages and conditions of service. Mrs. Kapur, counsel for the workmen, points out that the said charter includes the deletion of the terms with regard to the arbitration clause contained in the previous award and it also includes deletion of the provisions against conciliation and against constitution of a grivance committee which had been agreed to in the previous award. Upon the rasing of the dispute between the parties, the Government referred the same to the adjudication of the Industrial Tribunal. It was Industrial Dispute No, 10 of 1967. The terms of the reference are:-