NATIONAL FERTILIZER LIMITED Vs. NANGAL FERTILIZER WORKERS UNION
LAWS(P&H)-2016-3-111
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 28,2016

NATIONAL FERTILIZER LIMITED Appellant
VERSUS
Nangal Fertilizer Workers Union Respondents

JUDGEMENT

- (1.)Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing the award dated 12.12.2014 which was later corrected on 12.08.2015 vide Annexure P-11.
(2.)Learned counsel for the petitioner has submitted that '5/- were deducted from the salary of each workman in pursuance to the letter written by respondent No.4-registered Trade Union. The amount was deducted in pursuance to letter, Annexure P-2. The union utilized the said amount for the welfare of all the workers who were working under the petitioner. The said practice was being followed since long and as per the request of the elected union. In pursuance to letter Annexure P-2, the amount of '5/- per month deducted from the salary of the workmen, was deposited in the account of respondent No.4.
(3.)In the present case, respondents No.1 and 2 had raised an industrial dispute challenging the action of the petitioner-management qua deduction of '5/- per month made from the salary of the members of the unionrespondents No.1 and 2. The dispute raised by respondents No.1 and 2 was referred for adjudication to the Industrial Tribunal-cum-Labour Court, Chandigarh. The Industrial Tribunal-cum-Labour Court, Chandigarh vide award dated 12.12.2014, later corrected vide order dated 12.08.2015, answered the reference in favour of respondents No.1 and 2. Hence, the present petition by the petitioner-management. Admittedly, the members of union-respondents No.1 and 2 are not members of union-respondent No.4. In fact, request had been made by union-respondent No.4 vide Annexure P-2 that '5/- be deducted from salary of each workman towards union fund.


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