KALYAN DOMBIVLI MUNICIPAL CORPORATION Vs. NANDKISHOR GOVIND SANE

JUDGEMENT

(1.) These Letters Patent Appeals challenge the judgment and order dtd. 18/7/2011 passed by the learned Single Judge on a batch of Writ Petitions filed by the appellant - Kalyan Dombivli Municipal Corporation (for short 'KDMC'). By the impugned judgment, the learned Single Judge while dismissing the Writ Petitions filed by the KDMC confirmed the orders dtd. 29/4/2010 passed by the learned Member, Industrial Court, Thane allowing the complaints filed by the respondent- workmen. It is thus the concurrent findings of both such forums are being assailed by the KDMC.

(2.) The facts lie in a narrow compass:- The respondents are the original complainants, being 'workmen' (hereinafter referred to as 'the complainants') employed with the KDMC. The complainants filed applications/complaints under Sec. 28 read with Items 5 and 9 of Schedule IV to the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'the MRTU and PULP' Act), seeking directions to the KDMC to implement the settlement agreement dtd. 3/1/1996 arrived between the KDMC and the two Workers Unions, namely, Municipal Mazdoor Union Maharashtra and Akhil Bharatiya Safai Mazdoor Congress, and more particularly what was provided for in Clause (1) of the said settlement agreement, which primarily pertained to the implementation of the 5th Pay Commission recommendations. The relevant extract of the settlement agreement is required to be noted, which reads thus:

(3.) In their respective complaints, the grievance of the complainants was that, in pursuance of the said settlement, the wages of the complainants were not revised in accordance with the Settlement Agreement dtd. 3/1/1996. They contended that the settlement was legal, valid and subsisting, and that it had been wholly accepted by the KDMC, it was hence incumbent upon the KDMC to implement the settlement qua the complainants' demand for revision of wages, by applying the scales of the 5th Pay Commission in the manner agreed upon under the Settlement Agreement.