Gujarat High Court
Steelcast Ltd vs Rashtriya General Workers Union on 23 December, 2021
Bench: A.S. Supehia
C/SCA/2963/2003 ORDER DATED: 23/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2963 of 2003
With
R/SPECIAL CIVIL APPLICATION NO. 9596 of 2002
================================================================
STEELCAST LTD.
Versus
RASHTRIYA GENERAL WORKERS UNION & 3 other(s)
================================================================
Appearance:
MR. DIPAK DAVE, ADVOCATE for the Petitioner(s) No. 1
NIYANT R BHIMANI(8000) for the Petitioner(s) No. 1
(MR MUKUL SINHA)(859) for the Respondent(s) No. 1,2,3,4
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,4
================================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 23/12/2021
COMMON ORAL ORDER
1. By way of Special Civil Application No.2963 of
2003 the petitioner - Steelcast Limited has challenged
award dated 07.12.2001 passed in Reference (IT)
No.13 of 1999 insofar as the Industrial Tribunal,
Bhavanagar has directed the employer to reinstate 13
workmen with full back wages, who were already
retrenched pursuant to the interim order of the
Tribunal dated 24.10.2000. The respondent -
Bhavnagar Kamdar Sangh, Rashtriya General workers
Union, Bhavnagar Rashtriya Majdoor Sangh and
Saurashtra Shramjivi union have also challenged the
very award by way of Special Civil Application No.9596
of 2002 insofar as the permission to retrench 52
employees were granted to the employer.
2. The petitioner Steelcast Limited approached
specified authority by filing an application under
section 25N of the Industrial Disputes Act, 1947
seeking permission to retrench 200 workmen, which
C/SCA/2963/2003 ORDER DATED: 23/12/2021
workmen. The challenge to the same at the instance of
Rashtriya General workers Union culminated in
Reference (I.T.) No.12 of 1999, which was rejected by
award dated 19.07.2005. The Union challenged the
said award by way of Special Civil Application
No.24828 of 2005, which has been dismissed on
account of non-prosecution. The employer approached
appropriate authority seeking further permission to
retrench 92 workmen and for which reference came to
be made to the Industrial Tribunal, Bhavnagar being
Reference (IT) No.13 of 1999.
3. The Industrial Tribunal, Bhavnagar vide award
dated 07.12.2001 passed in Reference (IT) Case No.13
of 1999, partially allowed the reference while granting
permission to retrench 52 workmen, who are named in
schedule to the judgment and award and further
directed the petitioner-Company to reinstate with full
back wages 13 workmen, who were already
retrenched pursuant to the interim order dated
24.10.2000 and whose names do not figure in the list
of 52 workmen permitted by the final award .
4. The said award dated 07.12.2001 passed by
Industrial Tribunal, Bhavnagar in Reference (IT) Case
No.13 of 1999 came to be challenged before this
Court by both the parties i.e Company and the Unions
by filing Special Civil Application No.2963 of 2003 and
Special Civil Application No.9596 of 2002 respectively.
C/SCA/2963/2003 ORDER DATED: 23/12/2021
5. Originally the dispute was espoused by Rashtriya
General Workers' Union, however later on, as
indicated by the said Union through a letter to the
employer, all concerned employees, 108 in number,
and who were the members of the said Union; have
not shown any interest to prosecute the said matter
and almost all the employees have settled the dispute
with the employer and some of the employees have
refused to work with the employer despite being
offered the work and accordingly, vide letter dated
10.12.2015 the said Union has agreed to withdraw the
petition being Special Civil Application No.24828 of
2005. Thus, so far as said 108 employees are
concerned, dispute has been laid quietus.
6. When both the petitions are taken up for hearing,
on the suggestion of this Court, both the parties have
tried to settle all the disputes so as to put an end to
all the disputes amicably and accordingly, it is
reported that on the following terms both the parties
have reached amicable settlement. Accordingly, the
matters are disposed of on the following terms.
A. The petitioners of SCA/9596/2002 have indicated
that qua the following 27 employees the dispute
survives and it has been agreed by the petitioners
not to raise any other and/or further demands with
respect to any other employees and this order would
put an end to all the litigations between the parties
pertaining to the retrenchment of 200 employees.
The 27 employees shall be paid following amount.
C/SCA/2963/2003 ORDER DATED: 23/12/2021
The amount shall be paid within 6 weeks from today.
Sr.No. Name Amount
in Rs.
1 PRAVIN JENTIBHAI 325,000
2 DASHRATH SHAMJIBHAI 325,000
3 PRAVIN VALJIBHAI 325,000
4 DHARMENDRA VALJIBHAI 325,000
5 PRAVIN HARIBHAI 325,000
6 PRAVIN BABUBHAI 325,000
7 KISHOR MOHANBHAI 325,000
8 KISHOR JENTILAL GOHEL 325,000
9 YOGESH DHIRAJLAL 325,000
10 MUKESH BHANKABHAI 325,000
11 HARGOVIND BABUBHAI 325,000
12 GANESH KANTIBHAI 325,000
13 DINESH RAMJIBHAI 325,000
14 KALA MANUBHAI 325,000
15 NARESH DHANJIBHAI 325,000
16 RASIK SHAMJIBHAI 325,000
17 ASHOK SOMJIBHAI 325,000
18 KARSHAN NARANBHAI 200,000
19 BIJAL VASHARAMBHAI 200,000
20 ARVINDBHAI JENTIBHAI 200,000
21 MAGAN BHIMJIBHAI 106,467
22 RAJESH DALABHAI 100,000
23 JITENDRA VAGHJIBHAI 75,000
24 KIRIT MANSUKHBHAI 75,000
25 VAJUBHA SHIVBHAI 62,500
26 BHAVSINH KANJIBHAI 50,000
27 BHARAT PREMJIBHAI 21,119
B. The Unions and the employer, after undertaking the
task of exclusive settlement, have realized that so
as to buy industrial peace, it will be in the interest
of both the parties to put an end to all the
litigations. It has also agreed that except the
following named 27 employees, no other employees
are now eligible and entitled to get any benefits with
C/SCA/2963/2003 ORDER DATED: 23/12/2021
respect to the proceedings arising out of
retrenchment of 200 workmen concerning Reference
(IT) No.13 of 1999 as well as Reference (IT) No.12 of
1999.
C. There are special facts and circumstances in favour
of the present 27 employees who have kept their
dispute alive whereas all other employees have
either settled the dispute with the employer or have
chosen not to resume duty upon them being invited
to work with the employer. It has also been agreed
that those who have already settled the matter and/
or those who have started working with the employer
upon signing the agreement shall not be entitled
and/or eligible to get benefit of the present
arrangement since the present arrangement has
been arrived at between the employer and the Union
on account of special facts and circumstances more
particularly when 27 employees have remained out
of service for all these years and just to take care of
their predicament and their pain and suffering which
they have undergone for all these years by
remaining out of service, the employer has agreed to
pay lump-sum compensation. Thus, the present
arrangement shall not be applicable to any other
employees. No other employees shall be eligible to
get benefit arising out of the present order. None of
the employees and/or the members of the unions
shall claim any equity and/or right and/or parity on
the basis of the present order.
D. The Unions have agreed that there were genuine
C/SCA/2963/2003 ORDER DATED: 23/12/2021
circumstances leading the employer to retrench 157
employees. In view of subsequent facts situation,
the employer has agreed to pay to following named
27 employees the amount indicated against their
names. The said amount shall be received by the
employees in discharge of their full and final
settlement. On receipt of the said amount, no other
and/or further dues shall be payable to the said
employees from the employer. The employees shall
have no other and/or further claim against the
employer. The said amount shall be towards back
wages/wages for the interregnum period in lieu of
reinstatement, gratuity, provident fund, bonus, leave
encashment and/or any other and further service
benefits arising out of their service claim against the
employer. Thus, the said amount shall satisfy all the
claims of the employees and now the employees
shall not be eligible and/or entitled to file any other
claim against the employer arising out of their
service benefits before any forum/court. On receipt
of the said amount, all the disputes between the
employer and the employees shall cease to an effect
and the concerned employees shall have no claim
against the employer.
E. It is agreed by and between the parties that the
award dated 07 t h December, 2001 passed by the
learned Industrial Tribunal, Bhavnagar in Reference
(IT) No.13 of 1999 shall stand modified and the
retrenchment effected in pursuance to the interim
order of the learned Tribunal passed below Exh.42 as
per seniority list produced by the employer (Exh.48)
shall be accepted and thus, the retrenchment done
C/SCA/2963/2003 ORDER DATED: 23/12/2021
of the concerned employees at the said point of time
shall be final. The Award dated 07.12.2001 passed in
Reference (IT) no. 13 of 1999 shall stand modified
accordingly.
F. So far as other concerned employees who are not
named in the present arrangement, shall not be
liable to receive any amount since despite offer
being made, either they have not resumed duty at
the relevant time and/or their claims have been
settled at the relevant time and/or by an agreement
they have started working with the employer. Thus,
the arrangement made by the employer during the
pendency of the present proceedings with the
concerned individual employees who have chosen
either to execute the agreement by way of
settlement and/or have resumed duty on fixed period
employment and/or refused to join duty despite offer
made, shall not be entitled to any benefit arising out
of the present order.
G. The petitioner Unions state that it represents the
employees concerned and connected with the
present dispute being Reference (IT) No.12 of 1999
and Reference (IT) No.13 of 1999 and thus this
arrangement shall be binding to all the employees
being executed in the pending proceedings before
this Court.
H. The parties shall now not file any other proceedings
before any other Court and/or Forum and/or
Authority against each other.
C/SCA/2963/2003 ORDER DATED: 23/12/2021
7. The employer and the Unions have since agreed to
settle the disputes on aforestated terms, both the
petitions are disposed of on the aforestated terms by
modifying the award dated 07.12.2001 passed by
Industrial Tribunal, Bhavnagar in Reference (IT) No.13 of
1999 in the aforementioned terms and both the parties
shall act accordingly.
(A. S. SUPEHIA, J)
MAHESH BHATI/04
