W.P.(C).No. 22860/2005 (U) (Electrical, Mechanical and Engineering Workers Union v. National Textiles Corporation Ltd. & Others)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V. GIRI
- Judgment Date
- 2007-11-29
- Court Decision / Holding
- The writ petitions are disposed of with directions: (i) petitioners, along with representatives of recognised unions, shall file a detailed representation within one month; (ii) the Central Government shall issue notices and strive to arrive at a long-term wage settlement within six months; (iii) if no settlement is reached, the Central Government shall refer the industrial dispute to the appropriate Industrial Tribunal within one month thereafter; (iv) the decision shall be in accordance with law. The directions applicable to W.P.(C).No. 31839/05 are to be followed in that case as well.
- Final Disposition
- Writ petitions are disposed of accordingly.
Parties to the Case
Appellants / Petitioners
- John K.C., Joint Secretary, Electrical, Mechanical and Engineering Workers Union, Parvathi Mills, Kollam
- Sundara Naik P.A., Thumpodi House, Rajapuram Via, Hosdurga, Kasaragod
- R. Prasanna Kumar, Chakkalakizhakathil Puthen Sangathom, Thevalakkara
- V. Stephen, Depo Purayidom, Cantonment, Kollam
- Yohannan S., Ancy Cottage, Arathy Junction, Surabhi Nagar, Kollam
- V.K. Raviendra n, Kallorvila Kizhakkathil, Mathilil
- P.P. Viswalal Moorthy, Pottethara House, Narakkal
Respondents
- Chairman & Managing Director, National Textiles Corporation Limited
- Regional Manager, National Textiles Corporation Limited
- General Manager, Parvathi Mills, Kollam
- Union of India, represented by the Secretary to Government, Ministry of Textiles, New Delhi
Legal Representation & Advocates
Counsels for Petitioners
- • Sri Dinesh R. Shenoy
Counsels for Respondents
- • Sri Prakash Puthiadom
- • Sri C. S. Abdul Sammad
Case Synopsis & Summary
Common issues arise in these writ petitions and the matters are heard together. The leading case concerns wage revision for workers of Parvathi Mills, Kollam, compared with revisions granted to staff and office employees, following the Supreme Court directive in Chairman-cum-Managing Director, National Textiles Corporation v. N.T.C. (2003) 11 SCC 31. Petitioners, represented by the Electrical, Mechanical and Engineering Workers Union, contend that despite staff benefits and Supreme Court directions, workers have not received comparable wage revisions, necessitating parity and timely action. The 3rd respondent argues the wage structure for mill workers is governed by long-term settlements under Section 12 of the Industrial Disputes Act, with interim relief of Rs. 325 per month evidenced by Ext.R1(m) and limited progress since Ext.R1(l). The Government is urged to secure a long-term settlement or refer the dispute to an Industrial Tribunal in accordance with law. The court acknowledges the Supreme Court guidance but clarifies that it cannot ignore the workers’ position where there has been inadequate progress. The judgment ultimately disposes of the petitions, directing the Central Government to pursue a long-term settlement within six months or refer the matter if no settlement is reached, applying the same directions to connected case W.P. No. 31839/2005.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners argue that, following the Supreme Court’s decision in Chairman-cum-Managing Director, National Textiles Corporation v. N.T.C. (2003) 11 SCC 31, wage relief and revisions must extend to the workers in the mills, not just the staff. They highlight the absence of a wage revision for the workers of the 3rd respondent mill and contend parity with staff is warranted, especially given statutory liabilities for wages, salaries, and dues. Despite the staff being granted revisions, there has been no meaningful progress toward a long-term settlement for workers, as evidenced by Exts. R1(l) and R1(m). They request direction to the Central Government to ensure a timely long-term settlement or, failing that, to refer the dispute to an Industrial Tribunal. The petitioners emphasize that the Union and management had earlier recognized the need for revision, and the failure to progress violates the spirit of the Supreme Court directive.
Contentions of Respondents
The respondents contend that the workers’ wage structure is governed by long-term settlements under Section 12 of the Industrial Disputes Act, with Exts. R1(c)–R1(e) demonstrating the framework. They point to ongoing discussions, the 31/5/2005 management-union meeting (Ext. R1(j)) and subsequent settlements (Exts. R1(k)–R1(l)–R1(m)), which included interim relief (Rs. 325/month) and a commitment to finalize a long-term settlement within three months. They argue that parity with staff cannot be presumed and that the settlement process must proceed under the statutory framework; direct court intervention should be limited to facilitating settlement or referring disputes when necessary. They stress that the petitioners’ stance seeks to bypass the established settlement process, contrary to the statutory mechanisms and the government’s financial constraints. The court’s role is to ensure compliance with the Supreme Court directive while respecting the statutory process.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Chairman-cum-Managing Director, National Textiles Corporation v. N.T.C. | 2003(11) SCC 31 | Positive | The court cites this decision as authority and applies its principle that workers’ wage relief should be considered, directing government action to determine the extent of relief, thereby endorsing the decision’s relevance to the present case. |
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