M/S. POLYPHARMA PRIVATE LIMITED (THANE, DARAVALI AND BHIWANDI UNITS) Vs. THE WORKMEN

JUDGEMENT

(1.) THE present reference is made to this Tribunal by the Government of Maharashtra in exercise of powers conferred by clause (d) of sub -section (1) of section 10 of the Industrial Disputes Act, for the adjudication of a dispute connected with the matters specified in the schedule. The dispute is with respect of payment of bonus of year 1980 -81 and also regarding charter of demand with respect of wage revision, classification and other service conditions of the employees of first party company. The Maharashtra General Kamgar Union, was the union of the employees of first party company at the time of referring dispute. The said union has filed statement of claim at Exh. U -6. Precisely it is stated that the company M/s. Polypharma Pvt. Ltd. (hereinafter to be referred as ''the company"), is in the business of manufacturing and supply vital medicine and chemicals to the Municipal Hospitals and other concern in the market. The Company employed more than 50 workmen in the undertaking including casual, daily rated and monthly wage workmen. All of them are the member of Maharashtra General Kamgar Union (hereinafter to be referred as "the Union").

(2.) THE service conditions of the employees were governed by the settlement dated 30th October, 1979. After the expiry of the said settlement in the month of December, 1980, union by letter dated 6th January 1981, submitted a charter of demand to the management for revision of wage scale and other service conditions. But the management has not considered the said demand and because of non co -operative nature, the dispute was raised before the Deputy Commissioner of Labour on the failure to settle the dispute at their level and it is referred to this Tribunal.

(3.) THE Union has thereafter submitted particulars with respect of each demand submitted by the union in its charter of demand. The demand Nos. 2 and 3 are regarding adjustment and classification. It is stated that the workers are not properly classified and therefore, they are given lower designation and paid lower wages. It is submitted that the workmen whose basic wages are below the grade of applicable wages to them, shall be paid minimum applicable to their grade. The workmen should be granted wage increment, at the rate of one increment for every completed year of service at the time of revision of wage scale. It is stated that some of the employees are not falling in the proper stage of the new scales and therefore it is required to be maintained. If no such difference is solved, it may result into unrest in workers. The workmen may be drawing presently less than the minimum in the new time scale, may however, first be at the minimum in the new time scale. The additional increment should be given first fixing the existing wages in the revised scale as per demand. It is stated that the said demand be granted with retrospective effect from 1st January, 1981.