{"id":172000,"date":"2004-07-23T00:00:00","date_gmt":"2004-07-22T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/the-workmen-represented-by-the-vs-the-presiding-officer-on-23-july-2004"},"modified":"2015-07-07T04:28:40","modified_gmt":"2015-07-06T22:58:40","slug":"the-workmen-represented-by-the-vs-the-presiding-officer-on-23-july-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/the-workmen-represented-by-the-vs-the-presiding-officer-on-23-july-2004","title":{"rendered":"The Workmen Represented By The &#8230; vs The Presiding Officer on 23 July, 2004"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">The Workmen Represented By The &#8230; vs The Presiding Officer on 23 July, 2004<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 23\/07\/2004\n\nCORAM\n\nTHE HONOURABLE MR. JUSTICE P.K. MISRA\n\nW.P.NO.19459 of 2002 and W.P.NO.29868 of 2002\nAND\nWPMP.NOs.26864 &amp; 48410 OF 2002\n\nW.P.NO.19459 OF 2002\nThe Workmen represented by the Secretary\nAddisons Paints &amp; Chemicals Limited,\nAssistants Association (Regd.No.1344\/MDS)\nNo.22, State Bank Officer Colony,\n1st Street, Perambur High Road,\nChennai 600 012.                                ..  Petitioner\n\n-VS-\n\n1. The Presiding Officer,\n   Industrial Tribunal,\n   Chennai 600 104.\n\n2. The Management of\n   Addisons Paints &amp; Chemicals Limited,\n   Huzur Gardens, Sembiam,\n   Chennai 600 011.                             ..  Respondents<\/pre>\n<p>W.P.NO.29868 OF 2002<\/p>\n<p>The Management of<br \/>\n   Addisons Paints &amp; Chemicals Limited,<br \/>\nHuzur Gardens, Sembiam,<br \/>\nChennai 600 011.                                ..  Petitioner<\/p>\n<p>                Vs.\n<\/p>\n<p>1. The Presiding Officer,<br \/>\n   Industrial Tribunal,<br \/>\n   Chennai 600 104.\n<\/p>\n<p>2. The Secretary<br \/>\n   Addison Paints &amp; Chemicals Ltd.,<br \/>\n      Assistants Association,<br \/>\n   10, Vasan Street, Perambur,<br \/>\n   Madras 11.                                   .. Respondents<\/p>\n<p>        Petitions filed under Article 226 of the Constitution of India for the<br \/>\nissuance of Writ of Certiorarified Mandamus as stated therein.<\/p>\n<pre>\n\n!For Petitioner\nin WP.19459\/02 &amp;        :  Mr.S.  Vaidyanathan for\n2nd Respondent in       M\/s.  Row &amp; Reddy\nW.P.No.29868\/02\n\n\n^For 2nd Respondent\nin WP.19459\/02 &amp;        :  Mr.  Sanjay Mohan\nPetitioner in\nW.P.No.29868\/02\n\n:COMMON JUDGMENT\n\n\n<\/pre>\n<p>                A brief background of the dispute is required to be noticed.<br \/>\n        The continuing dispute is between the Management of Addison  Paints  &amp;<br \/>\nChemicals  Limited  and some of its employees (hereinafter referred to as the<br \/>\nManagement and the employees respectively).  Prior to 197 3, the  employees<br \/>\nwere  performing duties as clerks, chemists, stenos, etc., and were being paid<br \/>\nwages consisting of basic pay, dearness allowance, house rent allowance, etc..<br \/>\nIn April, 1973 such employees were paid consolidated payment of wages  on  the<br \/>\nbasis  of  contracts  between  the  management  and  the  concerned employees.<br \/>\nHowever, a dispute arose which was ultimately referred by  the  Government  to<br \/>\nthe Industrial Tribunal  on  2.11.1984  by G.O.Ms.No.2313.  The said G.O.  was<br \/>\nchallenged by the management in W.P.No.12729 of 1984.  Even though  such  writ<br \/>\npetition  was admitted, no stay had been granted and the Tribunal proceeded to<br \/>\nconsider the matter.  Even though 22 questions were referred for adjudication,<br \/>\nfor the purpose of the present writ petitions only Issue Nos.2, 3 and 6  being<br \/>\nrelevant, are quoted hereunder :-\n<\/p>\n<p>         Issue  No.2.    Whether the demand for payment of dearness Allowance<br \/>\nbased on cost of living index is justified, if so to fix  the  rate  and  date<br \/>\nfrom which it should be given effect to.\n<\/p>\n<p>        Issue No.3.    Whether  the  demand  for fixation of scales of pay for<br \/>\nvarious categories of assistants is justified, if so to fix (a) scales of  pay\n<\/p>\n<p>(b) manner of fitment, and (c) the date from which it should be given effect.\n<\/p>\n<p>        Issue No.6.  Whether the demand for payment of House Rent Allowance is<br \/>\njustified,  if  so  to fix the rate and the date from which it should be given<br \/>\neffect to.<\/p>\n<p>                2.  Relating to  issue  No.3,  the  Tribunal  by  award  dated<br \/>\n29.12.1986  granted an increase of Rs.125\/- per month by way of additional sum<br \/>\nto be paid with effect from  1.4.1986,  if  the  concerned  workers  have  not<br \/>\nreceived the  same  earlier.    All  other  issues  were  also  decided by the<br \/>\nTribunal.  W.P.No.3419 of 1987 was filed on behalf of  the  employees  by  the<br \/>\nAssociation challenging the award so far as it went against their contentions,<br \/>\nwhereas  the  management  filed  W.P.No.1679 of 1989 challenging G.O.Ms.No.128<br \/>\ndated 13.1.1989, which related to nonemployment of one  Sri  E.D.    Arumugam.<br \/>\nAll the three writ petitions, namely W.P.No.12729\/84, 3419\/87 and 1679\/89 were<br \/>\ndisposed of by common judgment dated 8.4.1992.  Learned single Judge held that<br \/>\nW.P.No.12729\/84 had  become  infructuous.  In W.P.No.3419 of 1987, the learned<br \/>\nsingle Judge quashed the award relating to issue Nos.2,3 and  6  and  remitted<br \/>\nthe matter to the Tribunal for fresh consideration.  The Association, however,<br \/>\nfiled  W.A.No.787  of  1992  challenging that part of the order of the learned<br \/>\nsingle Judge rejecting the claim of certain other  demands.    The  management<br \/>\nfiled  W.A.No.802  of  1992  challenging  the  order of remand relating to the<br \/>\nissues 2,3 and 6 concerning the fixation of basic  wages,  dearness  allowance<br \/>\nand house  rent  allowance.    The writ appeals were admitted, but no stay had<br \/>\nbeen granted.  In course of time, a fresh award was passed by  the  Industrial<br \/>\nTribunal  on 31.10.1992 wherein it was held that the contracts under which the<br \/>\nset of workmen in the category called Junior Management  Assistant  (In  short<br \/>\nJMA)  came  to  be  governed  was  illegal  and unenforceable with effect from<br \/>\n1.11.19 84 and payment of dearness allowance  to  all  the  concerned  workmen<br \/>\nshould  be  made by the management at the usual rate and formula applicable to<br \/>\nMadras City with effect from  1.11.1984.    In  respect  of  Issue  No.3,  the<br \/>\nTribunal  held  that in the place of consolidated wages, the workmen should be<br \/>\ncategorized into certain designations with certain scale of pay  as  indicated<br \/>\nby the Tribunal.    Such  direction  was  made  effective from 1.11.1984.  The<br \/>\nTribunal while abolishing JMA system with effect from 1.11.1984 made it  clear<br \/>\nthat  those  JMAs,  who  accepted  further  promotion  were free to retain the<br \/>\npromotional post by rejecting the relief granted under the award, but if  they<br \/>\nintend  to  avail  the  benefits  of  the  award  they  should  not retain the<br \/>\npromotional post.\n<\/p>\n<p>                3.   Against  the  aforesaid  award,  the   management   filed<br \/>\nW.P.No.12476 of  2003.   The Association filed W.P.No.13814 of 1993 contending<br \/>\nthat fixation of basic wages were not proper.  The above  two  writ  petitions<br \/>\nwere taken up  along  with  the  pending  W.A.Nos.    787 and 802 of 1992.  By<br \/>\njudgment dated 19.3.1994, the Division Bench raised the following seven points<br \/>\nfor determination :-\n<\/p>\n<p>         (1) Whether the service contracts entered into by the members of the<br \/>\nJMAs  Association  with  the  management  in  1973  are  unjust,  illegal  and<br \/>\nunenforceable and whether the members of the JMAs Association are bound by the<br \/>\nservice contracts ?\n<\/p>\n<p>        (2)  Whether the JMAs having all along enjoyed the benefits, under the<br \/>\nservice contracts  be  allowed  to  break  the  service  contracts  and  claim<br \/>\npay-scales, D.A.  and H.R.A.  to which the non-JMA workmen are entitled to ?\n<\/p>\n<p>        (3) Whether the order of the learned Single Judge, dated 8 April 199 2<br \/>\nin  W.OP.No.3419 of 1987 setting asidei the findings of the Tribunal, dated 29<br \/>\nDecember 1986 in I.D.No.83 of 1984 on issues 2, 3  and  6  and  remanding  the<br \/>\nmatter  to the Tribunal for fresh disposal on the said three issues is correct<br \/>\n?\n<\/p>\n<p>        (4) Whether the award of the Tribunal dated 31 December 1992,  holding<br \/>\nthat the JMAs are entitled to :\n<\/p>\n<p>        (a) payment of D.A.  at the usual rate and<br \/>\nformula applicable to Madras City with                  effect from 1 November<br \/>\n1984,\n<\/p>\n<p>        (b) that in the place of consolidated wages,            JMAs     shall<br \/>\nhave regular scales of pay                      with  increment  with   effect<br \/>\nfrom 1                          November 19 84 and,\n<\/p>\n<p>        (c) that the H.R.A payable to the JMAs shall            be at the same<br \/>\nrates applicable to                     workmen covered by Exhibit W89<br \/>\nsettlement with effect from 1 November                  1984 is correct ?\n<\/p>\n<p>        (5)  Whether  the  wage scale fixed in the award of Tribunal, dated 31<br \/>\nDecember 1992 for various categories of JMAs in Paras 34 and 36 of  the  award<br \/>\nof the Tribunal is correct ?\n<\/p>\n<p>        (6)  Whether  the  Members of the JMAs association are entitled to the<br \/>\nbenefit of the settlement under Exhibit W81 and Exhibit W89 ?\n<\/p>\n<p>        (7) Whether the award of  the  Tribunal  dated  31  December  1992  in<br \/>\nI.D.No.83  of  1984 will apply to the JMAs who have subsequently resigned from<br \/>\nthe JMAs Association ?\n<\/p>\n<p>                4.  On Point No.1, the Division Bench held that the  contracts<br \/>\nentered into between the association by the management was unjust, illegal and<br \/>\nunenforceable and the members of the association are not bound by such service<br \/>\ncontracts.   On  Point  No.2  it  was  held  that  JMAs were not estopped from<br \/>\nclaiming pay scales, D.A., H.R.A.  On Point No.3, the  Division  Bench  upheld<br \/>\nthe  order of the learned single Judge dated 8 .4.1992 in remanding the matter<br \/>\nin respect of issue Nos.2,3 and 6.  On Point NO.4,  the  Division  Bench  held<br \/>\nthat  JMAs  were  entitled  to  be  treated on par with non-JMA workmen in the<br \/>\nmatter of scales of pay, D.A., and H.R.A..   The  Division  Bench  upheld  the<br \/>\norder of the Tribunal dated 31.12.1992 in respect of issue Nos.2,3 and 6 which<br \/>\nhad  been  reconsidered  in the light of the observation of the learned single<br \/>\nJudge.  On question Nos.5 and 6, the Division Bench observed :\n<\/p>\n<p>         .  .  .  In our view,  the  Tribunal  has  not  adopted  the  proper<br \/>\nprocedure in  fixing  the  pay-scales  of  the JMAs in question.  The Tribunal<br \/>\nought to have taken into account the basic pay for each of the JMAs when  they<br \/>\nentered  the service of the management as non JMA workmen and then should have<br \/>\nfixed the basic pay as on  2  November  1984  taking  into  consideration  the<br \/>\nincrements  to  which  he  would  be  entitled  to  and  the  benefits  of the<br \/>\nsettlements under Exhibit W81 and W89 treating him as non- JMA workmen  as  if<br \/>\nthe  concerned  workmen  never entered into the JMAs service contract with the<br \/>\nmanagement.  As the Tribunal has not followed the said procedure in fixing the<br \/>\npay-scales for the JMAs in question, the award of the Tribunal in paras 34 and<br \/>\n36 with regard to the fixation of pay-scales alone is liable to be  set  aside<br \/>\nand accordingly it is set aside.  We ourselves are not in a position to do the<br \/>\nexercise  of  fixing the correct wage scales for the JMAs in question because,<br \/>\nthere is no consensus between the parties as to what is the basic pay drawn by<br \/>\nthe JMAs in question when they entered into the service of the management as a<br \/>\nnon- JMA workmen.  In fact,  the  chart  submitted  by  the  counsel  for  the<br \/>\nmanagement  showing  they  joined  the  service  of  the management as non-JMA<br \/>\nworkmen during the course of hearing of  all  these  matters  by  us  was  not<br \/>\naccepted by  the counsel for the J.M.A.s Association.  In these circumstances<br \/>\nwe are constrained to remit the matter back to the Tribunal  for  the  limited<br \/>\npurpose of fixing the wages scales for the JMAs in question as on 2 November 1<br \/>\n984,on  the  basis of the various categories of non JMA workmen on the date of<br \/>\nentering into service.  Accordingly, the question of fixation of the scales of<br \/>\npay to the workmen in question alone, is remitted to the  Tribunal  for  fresh<br \/>\ndisposal  according  to  law and in the light of the observations made in this<br \/>\nparagraph of the judgment.  In fixing the wage scales, the  Tribunal  is  also<br \/>\ndirected to proceed on the basis that the JMAs in question are entitled to the<br \/>\nbenefits  of  the  settlement under Exhibits W81 and W89 as the JMAs have been<br \/>\ndeclared to the workmen, by the award of the Tribunal, dated 29 December 1986,<br \/>\nwhich has not been challenged by the management.  In  the  case  of  JMAs  who<br \/>\nentered  into  the  service  of  JMAs  after  1973, the basic pay of a similar<br \/>\nnon-JMA workmen doing the very same work may be taken as the basic pay of such<br \/>\nJMA, who entered the service of the management after 1973.<\/p>\n<p>                5.  On question No.7, the Division Bench held that  the  award<br \/>\nof  the  Tribunal  dated  31.12.1992  will  not  apply  to  those JMAs who had<br \/>\nvoluntarily resigned from the association as evidenced by Exhibit  M77  series<br \/>\nand  also  to  those  JMAs who had accepted further promotion and who opted to<br \/>\nretain such promotion.  The Division Bench confirmed the award of the Tribunal<br \/>\nto the effect that no JMAs could be permitted to enjoy the benefits under  the<br \/>\naward dated 31.12.1992 and also the benefits under the JMAs service contracts.\n<\/p>\n<p>                6.    Ultimately,   the  Division  Bench  gave  the  following<br \/>\ndirections:-\n<\/p>\n<p>         .  .  .  In view of our findings on points iv to vi the award of the<br \/>\nIndustrial Tribunal dated 31 December 1992 in I.D.No.83 of 1984 with regard to<br \/>\nmode of fixation of pay-scales as found in Paras.34 and 36 of the award is set<br \/>\naside and the matter is itted to the  Tribunal  for  the  limited  purpose  of<br \/>\nfixing wage scales for the JMAs in question as on 2 November 1984 according to<br \/>\nlaw and  in  the  light  of  the  observations made in this judgment.  To that<br \/>\nextent W.P.No.13814 of 1993 filed by the JMAs Association  is  partly  allowed<br \/>\nand in  other  respects  W.P.No.13814 of 1993 is dismissed.  In other respects<br \/>\nthe order of the Tribunal, dated 31 December 1992  in  I.D.No.83  of  1984  is<br \/>\nconfirmed and consequently W.P.No.12476 of 1993 is dismissed.  The Tribunal is<br \/>\ndirected  to  dispose of the matter within 3 months from 4 April 1994 on which<br \/>\ndate the parties will appear before this Tribunal.<\/p>\n<p>                7.  After the aforesaid decision of the  Division  Bench,  the<br \/>\nTribunal  again  took  up  the  exercise  and passed an award which was to the<br \/>\nliking of neither the management nor the employees and W.P.No.820 of 1995  and<br \/>\nW.P.No.12389  of  1995  came  to  be filed by the management and the employees<br \/>\nrespectively.\n<\/p>\n<p>                8.  Learned single Judge while deciding the matter came to the<br \/>\nconclusion that the Tribunal had not kept  the  observation  of  the  Division<br \/>\nBench  in mind while deciding the matter and observed that for considering the<br \/>\nquestion remitted for fresh consideration by the Division Bench, the following<br \/>\nrelevant questions would arise for determination to the Tribunal, namely &#8211;\n<\/p>\n<p>         (1) The concerned persons to whom the award could be made applicable<br \/>\n?\n<\/p>\n<p>        (2) What was the scale of pay drawn by the concerned  workmen  at  the<br \/>\ntime they  joined  as  JMAs  prior to 1973?  i.e., before they governed by the<br \/>\nservice contracts.\n<\/p>\n<p>        (3) What was the scale of wages actually drawn by the  concerned  JMAs<br \/>\nprior  to  the date when their wages came to be consolidated under the service<br \/>\ncontract which is stated to have taken place in the year 197 3?\n<\/p>\n<p>        (4) What was the respective scales of pay of non-JMA workmen who  were<br \/>\ndoing  the  same  kind  of  work as that of the JMA workmen that was prevalent<br \/>\nduring the period when the consolidation of wages came  to  be  made  for  the<br \/>\nconcerned JMAs and upto 2 November 1984.\n<\/p>\n<p>        (5)  What  was  the  scales of pay ofo the JMA to be determined from 2<br \/>\nNovember  1984  by  fixing  them  in  the  appropriate  categories   and   the<br \/>\ncorresponding scales based on the duties performed by them during the relevant<br \/>\nperiod vis-a-vis the categories and scales of pay of the nonJMA workmen during<br \/>\nthe  relevant  period  by taking into consideration the increments to which he<br \/>\nwould be entitled to and the benefits of the settlements under W81 and W89.<\/p>\n<p>                9.   Accordingly,  the   matter   was   remanded   for   fresh<br \/>\nconsideration.    Thereafter  the  present  impugned  award,  which  is  again<br \/>\nchallenged  by  the  management  and  the  employees  in  two  separate   writ<br \/>\npetitions,has been passed.\n<\/p>\n<p>                10.   The  Tribunal  on  fresh  consideration relating to five<br \/>\nquestions, which had been formulated by the learned single Judge came  to  the<br \/>\nconclusion  that  11  persons  (named  in  paragraph  17  of  the award of the<br \/>\nTribunal) having resigned from the Association and having accepted  promotion,<br \/>\nhave to  be excluded from the benefits of the award.  The Tribunal negatived<br \/>\nthe contention of the management for deletion of  sales  representatives  like<br \/>\nSri E.D.  Arumugam and other 10 persons (as indicated in para 19 of the award)<br \/>\nand held  .   .    .   .  For the above reasoning there cannot be deletion of<br \/>\neleven  individuals.  Similarly  it  also  rejected  the  contention  of  the<br \/>\nmanagement  regarding 18 other persons and ultimately held that 89 persons are<br \/>\nentitled to benefits.  The names  of  such  persons  under  various  headings,<br \/>\nnamely  Chemists (20 ), Salesman (18), Assistants (48), Research Scientist (1)<br \/>\nand Junior Clerk (1) have been indicated at the end of para 21  of  the  award<br \/>\npassed by  the  Tribunal.    While  considering  other  aspects,  the Tribunal<br \/>\nobserved :\n<\/p>\n<p>         .  .  .  Fitment of pay  of  only  89  persons  found  eligible  are<br \/>\ncontained  in  page  1  to  60 of Ex.C-8 and page Nos.1 to 32, 34 in Ex.C-8-1.<br \/>\nTheir scales of pay are found in Annexure-1 at page 66 of Ex.C-8.   Thus  page<br \/>\n66, 67 and 1 to 60 of Ex.C-8 and page 1 to 32 and 34 of Ex.C-8 -1 form part of<br \/>\nthe award.  They are appended herewith.  Award passed accordingly.<\/p>\n<p>                11.   The main contention raised in the writ petition filed on<br \/>\nbehalf of the management is to the effect  that  the  Tribunal  has  committed<br \/>\nerror  of  law  in making the award applicable to the sales representatives as<br \/>\nsuch sales representatives were  not  workmen  as  per  the  findings  of  the<br \/>\nDivision  Bench  in  W.A.Nos.787  and  802  of  1992  and other connected writ<br \/>\npetitions.  It is the contention of the learned  counsel  for  the  management<br \/>\nthat  since the High Court had come to a categorical conclusion that the sales<br \/>\nrepresentatives were not workmen, the Tribunal should  not  have  gone  beyond<br \/>\nsuch finding and come to a different conclusion.\n<\/p>\n<p>                12.   Even  though  such  a  contention may appear prima facie<br \/>\nattractive, I am not inclined to accept such a contention on deeper  scrutiny.<br \/>\nThere  is no doubt that in the context of the reference made by the Government<br \/>\nin connection with non-engagement of E.D.  Arumugham it was  observed  by  the<br \/>\nHigh  Court that the sales representatives did not come within the category of<br \/>\nworkmen.  However, such observation was in  the  context  of  question  as  to<br \/>\nwhether non-engagement  of  E.D.    Arumugam  could  be  the subject matter of<br \/>\nindustrial dispute.  Such observation must be understood  in  the  context  in<br \/>\nwhich it has been made.  It has to be remembered that the conclusion of the Tr<br \/>\nibunal is  by  applying the doctrine of community of interest.  The question<br \/>\nof fixation of  salary  or  payment  of  Dearness  Allowance  and  House  Rent<br \/>\nAllowance,  etc.,  could also be considered for others had not been challenged<br \/>\nby the management at that stage nor such conclusion had been  anyway  reversed<br \/>\nby the  High  Court.    The  entire  discussion  relating to reference of E.D.<br \/>\nArumugam was in the context of his non-engagement and obviously had no bearing<br \/>\non the question as to whether the basic salary of other employees, who  though<br \/>\nstrictly  speaking  were  not workmen, had to be considered for the purpose of<br \/>\nfixing salary and entitlement to Dearness  Allowance,  House  Rent  Allowance,<br \/>\netc., because  of the community of interest.  The reasoning of the Tribunal on<br \/>\nthis aspect cannot be stated to be vitiated by any error of  law  apparent  on<br \/>\nthe face  of  record.    The  question  of  validity of non-engagement of E.D.<br \/>\nArumugam is not one of the matters to be decided in the industrial dispute and<br \/>\nis not a matter of dispute in the present writ petitions.\n<\/p>\n<p>                13.  The other contention raised  by  the  management  to  the<br \/>\neffect  that the Tribunal had extended the benefit of the award to the persons<br \/>\nwho had already accepted the controversial benefit and who were  not  inclined<br \/>\nto  continue  the  industrial  dispute appears to be very vague to warrant any<br \/>\nserious consideration.  The writ petition filed by the management therefore is<br \/>\ndismissed.  However, it is made clear  that  the  validity  or  invalidity  of<br \/>\nnon-engagement of E.D.  Arumugam is not a matter which has been decided in the<br \/>\npresent case.\n<\/p>\n<p>                14.   In the writ petition filed on behalf of the Association,<br \/>\ncontention has been raised  challenging  the  fixation  of  salary  and  other<br \/>\nperquisites.   It  has  been  contended  that  the Tribunal has wrongly placed<br \/>\nreliance upon Ex.C-8 an Ex.C-8-1 and has fixed the salary without  keeping  in<br \/>\nview  the  observations  made  by  the  Division Bench and subsequently by the<br \/>\nlearned single Judge while remanding the matter for fresh consideration.    It<br \/>\nis contended by the learned counsel that the Tribunal should have accepted the<br \/>\ndocuments which had been filed on behalf of the employees and fixed the salary<br \/>\nand other perquisites accordingly.\n<\/p>\n<p>                15.  The High Court, while deciding a matter under Article 226<br \/>\nof  the Constitution of India, does not sit as an appellate authority over the<br \/>\naward rendered by the industrial forum  in  an  industrial  dispute.    Merely<br \/>\nbecause  the Tribunal has accepted one set of evidence or documents or has not<br \/>\naccepted the rival contention, is not a ground to interfere with  such  award.<br \/>\nIt  is  of  course  true  that  if  the  Tribunal  commits  an error of law or<br \/>\ncompletely misdirects itself or does not take into consideration the important<br \/>\nfacts and circumstances, such award becomes vulnerable.\n<\/p>\n<p>                16.  In the present case, the Tribunal has kept  in  view  the<br \/>\nobservation  made  by  the  Division Bench and the learned single Judge at the<br \/>\ntime of remand, has applied  its  judicial  mind  to  the  various  facts  and<br \/>\ncircumstances including the documents and has come to a particular conclusion.<br \/>\nEven  if  such  conclusion  appears  to  be conservative either to the counsel<br \/>\nappearing for the parties or even to the High Court, in  the  absence  of  any<br \/>\nerror  of  law or fundamental defect, the High Court should not interfere with<br \/>\nsuch conclusion merely because it may be inclined to take a different view  of<br \/>\nthe matter.    Therefore,  the  award  is  not liable to be interfered on this<br \/>\nscore.\n<\/p>\n<p>                17.  For the aforesaid reasons, I do not  find  any  merit  in<br \/>\neither of  the  writ  petitions which are accordingly dismissed.  The award if<br \/>\nnot already implemented should be  implemented  by  the  management  within  a<br \/>\nperiod of four months.  The additional payment should be made to the concerned<br \/>\nemployees  individually  even  if  some  of  them  have  retired  or  left the<br \/>\nemployment in the meantime.  There is no<br \/>\norder as to costs.  Consequently, WPMP.NOs.26864 &amp; 48410 OF 2002 are closed.\n<\/p>\n<p>Index :  Yes<br \/>\nInternet:  Yes<\/p>\n<p>dpk<\/p>\n<p>To<\/p>\n<p>1.  The Presiding Officer,<br \/>\nIndustrial Tribunal, Chennai 600 104.\n<\/p>\n<p>2.  The Management of<br \/>\nAddisons Paints &amp; Chemicals Limited,<br \/>\nHuzur Gardens, Sembiam,<br \/>\nChennai 600 011.\n<\/p>\n<p>3.  The Secretary<br \/>\nAddison Paints &amp; Chemicals Ltd.,<br \/>\nAssistants Association,<br \/>\n10, Vasan Street, Perambur,<br \/>\nMadras 11.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court The Workmen Represented By The &#8230; vs The Presiding Officer on 23 July, 2004 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23\/07\/2004 CORAM THE HONOURABLE MR. JUSTICE P.K. MISRA W.P.NO.19459 of 2002 and W.P.NO.29868 of 2002 AND WPMP.NOs.26864 &amp; 48410 OF 2002 W.P.NO.19459 OF 2002 The Workmen represented by the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-172000","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>The Workmen Represented By The ... vs The Presiding Officer on 23 July, 2004 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/the-workmen-represented-by-the-vs-the-presiding-officer-on-23-july-2004\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Workmen Represented By The ... vs The Presiding Officer on 23 July, 2004 - Free Judgements of Supreme Court &amp; 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