COOPER ENGINEERING LIMITED versus D. M. ANEY AND OTHERS

COOPER ENGINEERING LIMITED versus D. M. ANEY AND OTHERS

The reference made by the State Government to the Industrial Tribunal was competent since it was a possible view that the earlier settlements related only to interim relief pending final Wage Board recommendations.

Parties
Appellant: Cooper Engineering Limited; Respondent: D. M. Aney; Respondent No. 2: Association of Engineering Workers, Poona; Respondent No. 3: Serva Shramik Sanghatana; Respondent No. 4: State of Maharashtra
Jurisdiction
India
Judgment Date
04 May 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Industrial Tribunal Reference, Settlement, Dearness Allowance, Interim Relief
Labour Law Industrial Disputes Industrial Tribunal Reference Settlement Dearness Allowance Interim Relief

Case Brief

Summary, issues, holding and outcome

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Parties

Cooper Engineering Limited

Appellant

D. M. Aney

Respondent

Association of Engineering Workers, Poona

Respondent No. 2

Serva Shramik Sanghatana

Respondent No. 3

State of Maharashtra

Respondent No. 4

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Bombay High Court

Legal Issues

  1. 1 Whether the State Government's reference to the Industrial Tribunal was competent in view of earlier settlements
  2. 2 Effect and nature of settlements between employer and workmen with respect to dearness allowance and wage issues
  3. 3 Right of minority union to terminate settlements entered by majority union

Ratio Decidendi

The reference made by the State Government to the Industrial Tribunal was competent since it was a possible view that the earlier settlements related only to interim relief pending final Wage Board recommendations.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • The Tribunal is directed to dispose of the Reference expeditiously