Calcutta High Court (Appellete Side)
G.R.S.E. Ltd. Workmen'S Union & Ors vs Union Of India & Ors on 23 February, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
23.02.2021.
Item no. 23.
Court No.13
ap
W.P.A. No. 3666 of 2020
(Through Video Conference)
G.R.S.E. Ltd. Workmen's Union & Ors.
Versus
Union of India & Ors.
Mr. Soumya Majumder,
Mr. Victor Chatterjee.
...For the petitioners.
Mr. Susanta Kumar Gangopadhyay.
...For the UOI.
Mr. L.K. Gupta, ld. Sr. Advocate,
Mr. Ranjay De,
Mr. Basabjit Banerjee.
...For the respondent nos.3 & 4.
Affidavit-of-service filed in Court today by the Counsel for the petitioners be taken on record.
Leave is granted to the Counsel for the petitioners to file supplementary affidavit and the same is also taken on record.
The short question raised in this writ application as to whether a "Performance Linked Incentive Scheme" started by the Management in the year 2007 and subsequently extended from time to time, modified pursuant to negotiations with the workmen, would crystallize into an enforceable right of the workmen against the Management.
Mr. L. K. Gupta, learned Senior Advocate representing the Company raised a preliminary question as regards the jurisdiction of this Court. He argues that if indeed the petitioners' claim that the 2 same is a right within the meaning of Section 9A of the Industrial Disputes Act, 1947, the petitioners have effective alternative remedy before the authorities under the Act.
There is no scope for passing any interim order at this stage.
Keeping the maintainability issue on the ground of alternative remedy open, let affidavit-in-opposition to the main writ application be filed by the respondents within three weeks from date. Reply, if any, thereto be filed two weeks thereafter.
Acceptance of any future payment or calculation thereof under the aforesaid Performance Linked Incentive Scheme shall be without prejudice to the rights and contentions of any of the parties under the law.
List this matter under the heading "Specially Fixed Motion" on 31st March, 2021 at 2:00 P.M. All parties are directed to act on a server copy of this order on usual undertakings.
(Rajasekhar Mantha, J.)