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2001 DIGILAW 503 (GUJ)

MEHSANA DISTRICT CO OPERATIVE MILK PRODUCERS UNION LIMITED v. WORKMEN EMPLOYED BY MEHSANA DISTRICT COOPERATIVE MILK

2001-07-17

RAVI R.TRIPATHI

body2001
RAVI R. TRIPATHI, J. ( 1 ) THESE petitions are filed by the Mehsana District Cooperative Milk Producers Union Limited challenging the order passed by the Industrial Tribunal, Ahmedabad, dated 24. 4. 2000 in Reference (IT) No. 762 of 1984 (Special Civil Application No. 8764 of 2000) and the order passed by the Industrial Tribunal dated 24. 4. 2000 in Reference (IT) No. 680 of 1984. By the impugned order which is common in both the references, the petitioner which is referred to as "dairy" is directed to pay the workmen 20% bonus for the years 1979-80, 1980-81, 1981-82 and 1982-83. ( 2 ) IT is the case of Mr R. H. Mehta, learned advocate for the petitioner, that the material fact regarding the settlement being in operation could not be pleaded and placed before the Labour Court on account of the difficulties explained in the petition. Mr Mehta also submitted that in the award the learned Member of the Industrial Tribunal, after having narrated various items about which contentions were raised, did not decide the same including the issues of `allocable surplus and `set on and set off after having recorded them in various paras as contentions of the Union and the reply of the petitioner - dairy in para 36. After having perused the record and papers which are produced by Mr Mehta at Annexure-C it is felt that it will be in the interest of justice if the matter is remanded to the Industrial Tribunal with a direction to dispose of the same in a time-bound schedule. Varuiys contentions raised by the petitioner-union do require a finding to be recorded by the Industrial Tribunal. This will be possible only if both the sides are having an opportunity to lead their evidence and to controvert the evidence led by the other side. ( 3 ) IN view of the aforesaid discussion, the judgement and award of the Industrial Tribunal dated 24. 4. 2000 in Reference (IT) No. 762 of 1984 (Special Civil Application No. 8764 of 2000) and the order passed by the Industrial Tribunal dated 24. 4. 2000 in Reference (IT) No. 680 of 1984 are quashed and set aside. The matter is remanded to the Industrial Tribunal, Ahmedabad, with a direction that the Tribunal shall decide the matter latest by 31. 12. 4. 2000 in Reference (IT) No. 680 of 1984 are quashed and set aside. The matter is remanded to the Industrial Tribunal, Ahmedabad, with a direction that the Tribunal shall decide the matter latest by 31. 12. 2001 after allowing both the sides to lead their evidence on the subject matter in dispute. ( 4 ) RULE is made absolute to the aforesaid extent. The petitioner - Dairy to pay a sum of Rs. 25,000. 00 to the respondent - union by way of costs within a period of four weeks. .