Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws: Industrial Disputes Act, 1947: Section 12(3)-Settlement in the course of conciliation proceeding-Challenge-Scope of-Platinum Jubilee Pension Scheme-Life time pension to employees retiring on or after a prescribed date-Claim for extension of the scheme to all the retired employees-Rejected by Industrial Tribunal and High Court-On appeal, Held, settlement arrived at in the course of conciliation proceedings can be ignored only if it is demonstrably unjust, unfair or malafide-Extension of pension scheme to employees retiring on or after a particular date, not palpably unjust or unfair- Industrial Tribunal as an adjudicator not entitled to extend the benefit of pension scheme to all the employees by substituting the terms of the settlement- Tribunal and High Court justified in upholding the pension scheme- Constitution of India, 1950-Articles, 226 and 227.Constitution of India, 1950-Article 14-Whether the validity of cut off date 24.8.86 prescribed under settlement for the purpose of extending life pension could be tested in the light of Art., 14.Respondent-Company introduced platinum jubilee pension scheme for its employees. A settlement was arrived under Section 12(3) of the Industrial Disputes Act, 1947 in the course of conciliation proceedings and it was agreed that the said pension scheme be made part of service conditions of employees. The said pension scheme entitled workmen who retired on or after the prescribed date to get life time pension. Appellants raised industrial dispute contending that the extension of the benefit of pension scheme only to employees who retire on or after prescribed date was illegal and unjust. Industrial Tribunal answered the reference in favour of the management and held that workmen who retired before the prescribed date were not entitled to the benefits under the scheme. On appeal, High Court upheld the award passed by the Industrial Tribunal. Hence the present appeal. On behalf of appellants it was contended that all the workmen drawing pension under the company's Rules belong to one class and there could not be sub-classification amongst them and thus the prescription of cut-off date for extending the benefit of pension scheme which has the effect of denying greater benefits under the scheme to the workmen who retire before that date was arbitrary, discriminatory and unjust. On behalf of respondent-company it was contended that the settlement which was entered into under Section 12(3) of the Industrial Disputes Act as a result of conciliation proceeding was binding on all the workmen and no workmen much less any individual workman or group of workmen could challenge the same especially after the recognised union which espoused the cause of workmen and participated in the proceeding before the Tribunal chose to accept the award; that when the settlement as a whole has not been attacked as fair or malafide, it was not open to the union much less to the individual workmen who were not parties to assail one clause in the settlement dealing with the pension. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2002 INSC 55 |
Petitioner | I.t.c. Ltd. Workers Welfare Association And Anr. |
Respondent | The Management Of I.t.c. Ltd. And Anr. |
SCR | [2002] 1 S.C.R. 711 |
Judgement Date | 2002-01-29 |
Case Number | 822 |
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