Case Note & Summary
The petitioners, five individuals who were members of the Bosch Chassis Kamgar Sanghatana (respondent no.2 union), filed a writ petition before the Bombay High Court challenging the judgment and order dated 10.02.2011 of the Industrial Court in Complaint (ULP) No.45/2009. The petitioners were aggrieved by two issues: first, that their retirement age should be enhanced from 55 years to 58 years in light of a settlement dated 14.07.2009 signed between respondent no.1 (Bosch Chassis System India Ltd.) and respondent no.2 union; second, that they were entitled to arrears from the effective date of the settlement, i.e., 01.07.2008. The Industrial Court had dismissed their complaint. The High Court, by order dated 02.12.2013, had prima facie considered the effect of Clause A vis-à-vis Clause 59 of the New Settlement and directed respondent nos.1 and 5 to calculate arrears if the petitioners were entitled. Subsequently, respondent nos.1 and 5 made a statement that the issue of arrears stood settled. The court heard the parties and allowed the petition, setting aside the Industrial Court's order and directing that the petitioners be given the benefit of retirement at 58 years and arrears from 01.07.2008.
Headnote
A) Industrial Law - Settlement - Binding Effect - Clause 59 of New Settlement - Petitioners, members of respondent no.2 union, sought benefit of enhanced retirement age from 55 to 58 years as per settlement dated 14.07.2009 - Industrial Court dismissed complaint - Held that settlement is binding on all members and petitioners are entitled to retirement at 58 years and arrears from 01.07.2008 (Paras 3-5).
Issue of Consideration
Whether the petitioners are entitled to enhanced retirement age from 55 to 58 years and arrears under the settlement dated 14.07.2009.
Final Decision
The petition is allowed. The judgment and order dated 10.02.2011 of the Industrial Court is set aside. Respondent nos.1 and 5 are directed to give the petitioners the benefit of retirement at 58 years and arrears from 01.07.2008.
Law Points
- Settlement binding on all members of union
- Clause 59 of settlement regarding retirement age
- Clause A regarding duration of settlement
- Arrears calculation from effective date
Case Details
2015 LawText (BOM) (06) 13
WRIT PETITION NO. 7370 OF 2011
Mr.Yawalkar S.B. for Petitioners, Mr.Sandesh R. Patil for Respondent Nos.1 and 5, Mrs.S.D.Shelke, AGP for Respondent No.3
Shri Shirish Pandharinath Joshi, Shri Mohan Jyotirao Rasalkar, Shri Devidas Vithu Manore, Shri Ravan Atmaram Pawar, Shri Mangesh Jagdish Joshi
The General Manager, Bosch Chassis System India Ltd., The President, Bosch Chassis Kamgar Sanghatana, State of Maharashtra, Shri Ramesh Mohan Nagpure, Foundation Brake Manufacturing Limited
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Nature of Litigation
Writ petition challenging Industrial Court order dismissing complaint regarding retirement age and arrears under settlement.
Remedy Sought
Petitioners sought enhancement of retirement age from 55 to 58 years and payment of arrears from 01.07.2008.
Filing Reason
Petitioners were aggrieved by Industrial Court's dismissal of their complaint (ULP) No.45/2009.
Previous Decisions
Industrial Court dismissed Complaint (ULP) No.45/2009 on 10.02.2011.
Issues
Whether the petitioners are entitled to enhanced retirement age from 55 to 58 years under the settlement dated 14.07.2009.
Whether the petitioners are entitled to arrears from the effective date of the settlement i.e., 01.07.2008.
Submissions/Arguments
Petitioners argued that they were members of respondent no.2 union and entitled to benefits of settlement dated 14.07.2009, including enhanced retirement age and arrears.
Respondent nos.1 and 5 made a statement that the issue of arrears stood settled.
Ratio Decidendi
The settlement dated 14.07.2009 is binding on all members of the union, and the petitioners, being members, are entitled to the enhanced retirement age of 58 years and arrears from the effective date of the settlement.
Judgment Excerpts
The Petitioners are aggrieved by the judgment and order dated 10.02.2011 delivered by the Industrial Court in Complaint (ULP) No.45/2009 filed by the Petitioners herein.
The grievance of the Petitioners is two fold. Firstly that the age of retirement needs to be enhanced from 55 years to 58 years in the light of the settlement dated 14.07.2009 signed by Respondent No.1 with Respondent No.2 Union.
The last issue as above stands settled due to the statement graciously made by Respondent Nos.1 and 5.
Procedural History
Petitioners filed Complaint (ULP) No.45/2009 before Industrial Court which was dismissed on 10.02.2011. Petitioners then filed Writ Petition No.7370/2011 before Bombay High Court. On 02.12.2013, High Court directed respondent nos.1 and 5 to calculate arrears. Finally, on 24.06.2015, the petition was allowed.
Acts & Sections
- Industrial Disputes Act, 1947:
