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2012 DIGILAW 560 (MAD)

T. I. Metal Forming Employees Union, represented by its General Secretary, D. Janardhanan v. T. I. Metal Forming represented by its Managing Director

2012-02-03

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to hold an enquiry between the first respondent and the petitioner union pertaining to the giving effect of the incentive scheme agreed and entered into by the terms of the settlement dated 14.12.2000 under section 12(3) of the Industrial Dispute Act. 2. Mr.Lakshmi Narayanan, learned Government Advocate appearing for the second respondent produced a photocopy of the Memorandum of Settlement under Section 18 (1) of the Industrial Disputes Act, 1947 duly signed by the representatives of the first respondent Management and the representatives of the petitioner Workmen before the second respondent Joint Commissioner of Labour, Chennai on 8.10.2004. The terms of settlement reads as follows:- “Terms of Settlement It is hereby agreed by workmen that: (1.) That they bury the past differences and open a new chapter of relationship and opt for the proposed non-unionized supervisory category. Further they agree that they will not indulge in any act of indiscipline that will affect operations/supplies, and good will of customer. (2.) That the ID raised on Incentive and all other issues are settled/withdrawn. It is hereby agreed by Management that: “(1.) Though workmen do not qualify for incentive as per the Incentive Table, for 20 months, as a good will gesture, management agrees to pay Minimum Incentive calculated at Rs.470/- p.m. for 20 months totaling to Rs.9,400/- rounded off to Rs.10,000/- on request of Union President. (2.) Management is not planning for any vindictive actions and transfers as feared by these employees.” 3. In view of the above settlement between the petitioner Workmen and the first respondent Management, this Writ Petition is closed. No costs.