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Himachal Pradesh High Court

M/S Cosmo Ferrites Limited vs Cosmo Employees Union on 7 September, 2022

Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 07th DAY OF SEPTEMBER 2022
                            BEFORE




                                                            .
              HON'BLE MR. JUSTICE A. A. SAYED





                        CHIEF JUSTICE
                              &





          HON'BLE MS. JUSTICE JYOTSNA REWAL DUA


             CIVIL WRIT PETITION No. 4162 of 2022

     Between:-

     M/S COSMO FERRITES LIMITED,
                     r          to
     VILLAGE AND POST OFFICE JABLI,

     TEHSIL KASAULI, DISTRICT SOLAN, H.P.
     THROUGH SHRI RAVI LUTHRA,
     S/O SH. K.L. LUTHRA,
     R/O # MIG 89A, HOUSING BOARD COLONY,
     KALKA (HARYANA)



                                         .....PETITIONER

     (SH. RAHUL MAHAJAN, ADVOCATE )




     AND





     COSMO EMPLOYEES UNION,
     REGISTRATION NO.514,





     VILLAGE AND POST OFFICE JABLI,
     TEHSIL KASAULI, DISTRICT SOLAN, H.P.
     THROUGH ITS PRESIDENT.

                                             .....RESPONDENT

     (SH. V.D. KHIDTTA, ADVOCATE,)
____________________________________________________

           This petition coming on for admission this day,
     Hon'ble Mr. Justice A.A. Sayed passed the following:




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                                ORDER

.

The present writ petition impugns the interim order dated 23.03.2022 passed in Application No.32/2022 filed by the respondent-Union in Reference No.230/2020.

2. We have perused the impugned order dated 23.03.2022. Paragraph-30 thereof reads as follows:-

"30. As a sequent effect to my findings on points No.1 & 2 above, the application under Section 10(4) and 2(b) for giving direction to the respondent company to pay the increments/increase to the workers working in the company as per the settlement arrived at between the parties, w.e.f. 1.4.2019 onwards till final disposal of the main reference is allowed. The respondent company is directed to pay increments to the workers of petitioner union (130 workers) as was being paid to them under long term settlement prior to 31.3.2019, subject to their respective grades, qualification, length of service and level of skill or any other criteria already in vogue prior to 31.3.2019. The workers of petitioner union will be entitled to enhanced wages w.e.f. 1.4.2019 and shall also be entitled to arrears with cumulative effect to be accrued if any with cumulative effect from 31.3.2019. The arrears shall also be paid by the respondent company to the workers of petitioner union on or before 30.06.2022, ::: Downloaded on - 09/09/2022 20:01:59 :::CIS 3 failing which the same shall carry interest @ 9% per annum from the date of order till its realization. The application be registered separately and after its .

completion be tagged with the main case file."

3. The charter of demands dated 20.03.2019 is yet to be adjudicated by the Industrial-cum-Labour Court in the Reference. By an ad-interim order dated 29.06.2022, we had directed the petitioner-company to pay the benefits to the workers under the agreement dated 10.10.2016. Before the Court, it is submitted by learned counsel for the petitioner that the petitioner-company has been paying all the benefits and increments to the respondent-Union under the agreement dated 10.10.2016. On the other hand, learned counsel for the respondent-Union states that the said benefits are not being paid under the said agreement. It is not possible for this Court to go into this factual aspect.

4. Having regard to the facts and circumstances of the case and since the order impugned in the petition is only an interim order on an application filed by the respondent-

Union and the Reference is now scheduled on 01.10.2022 for recording evidence, we need not keep the matter pending before this Court.

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5. We, therefore, dispose of the present writ petition by directing the Industrial Tribunal-cum-Labour Court .

to decide the Reference not later than one year from today.

We make it clear that the ad-interim order dated 29.06.2022 passed in the present petition shall continue to operate during the pendency of the proceedings before the Industrial Tribunal-cum-Labour Court.

6. Pending miscellaneous application(s), if any, also to stand disposed of.

( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 07th September, 2022 (rohit) ::: Downloaded on - 09/09/2022 20:01:59 :::CIS