High CourtsSingle Bench(2011) 12 RAJ CK 0013

Mahamantri, Laghu Udyog Mazdoor Union vs Manager, D.J. Neelam Marble Industries and Another

Rajasthan High Court · Decided on 14 December 2011

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 3569 of 2008

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Judgment

5 paragraphs · 197 words

Hon''ble Dr. Justice Vineet Kothari

1.

The petitioner - Union of Workmen has approached this Court against the award dtd.25.4.2007 of Industrial Tribunal, Udaipur whereby the industrial dispute No. 8/1993 was decided against the workmen Union rejecting their charter of demand dtd.28.9.1992 in which the workmen had claimed increase in wage to the extent of 25%.

2.

Upon the defence taken by the employer, the Industrial Tribunal below found that in view of accumulated losses of Company in business and for preceding year, it was to the tune of Rs.33 lacs, the demand of wage increase could not be accepted and hence the reference was answered against the workmen union by the impugned award dtd.25.4.2007.

3.

Having heard the learned counsels at some length, this Court is of the opinion that the reasons assigned by the Industrial Tribunal below are sufficient and on account of accumulated losses, the demand of wage increase could not be accepted at the relevant point of time. No interference in the same is called for under Article 227 of the Constitution of India.

4.

Consequently, the present writ petition is found to be devoid of merit and the same is accordingly dismissed.