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Showing contexts for: code of discipline in Tneb Workers Progressive Union vs The Tamil Nadu Electricity Board on 10 April, 2014Matching Fragments
2. The short facts of the case are as follows:
The petitioner Union is a registered Union under Trade Unions Act, 1926 and it is also a recognized Union under the code for discipline in industry and is the largest Union the Electricity Board and it represents most of the employees working in the Electricity Board. The membership of the Union is more than 20,000. The pay and allowances of the employees of the Board are fixed and revised by various settlements, which are made either under Section 12(3) or 18(1) of the Industrial Disputes Act (hereinafter, referred to as 'the Act') and as per these settlements, dearness allowance is to be revised on the basis of the consumer price index every six months and the dearness allowance will be paid in cash along with pay and allowances, which the employees are entitled to draw every month.
8. The respondent has filed his counter affidavit stating that there are about 85,000 workmen, governed by the Industrial Disputes Act, 1947, working in Tamil Nadu Electricity Board throughout the State of Tamil Nadu. Among them, the petitioner Union has claimed to be representing 20,000 and the petitioner Union is put to strict proof of the same. Further, the petitioner Union is one among the Unions recognized under Board's Rule and not a Union recognized under the Code of Discipline in Industry. This writ petition is not maintainable as the payment of dearness allowance to the employees of the Tamil Nadu Electricity Board is only governed by Wage Settlement and the petitioner Union being a party to that settlement. The petitioner Union being a party to the settlement may well raise a dispute, if it is aggrieved against any violation of the terms of the settlement regarding the payment of dearness allowance before the appropriate forum. Therefore, this writ petition is not maintainable.