TMI Blog2006 (9) TMI 587X X X X Extracts X X X X X X X X Extracts X X X X ..... e award was not binding on them only because they were not parties. In an industrial dispute referred to by the Central Government which has an all-India implication, individual workman cannot be made parties to a reference. All of them are not expected to be heard. The Unions representing them were impleaded as parties. They were heard. Not only the said Unions were heard before the High Court, as noticed hereinbefore from a part of the judgment of the High Court, they had preferred appeals before this Court. Their contentions had been noticed by this Court. As the award was made in presence of the Unions, in our opinion, the contention of Respondents that the award was not binding on them cannot be accepted. The principles of natural justice were also not required to be complied with as the same would have been an empty formality. The court will not insist on compliance of the principles of natural justice in view of the binding nature of the award. Its application would be limited to a situation where the factual position or legal implication arising thereunder is disputed and not where it is not in dispute or cannot be disputed. If only one conclusion is possible, a writ wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the demand of the Commission Agents or as the case may be Deposit Collectors employed in the Banks listed in Annexure that they are entitled to the pay scale and other service conditions admissible to regular clerical employees of these banks is justified? If not to what relief the workers concerned entitled to and from which date? 5. Appellant Bank along with some other nationalised Banks was also parties to the said reference. The Association of the Bankers, viz., Indian Banks Association was also impleaded in the said reference. By an award made on 22.12.1988, the Tribunal opined that the deposit collectors were workmen and as such the reference was maintainable. In its award it was directed: (i) Eligible deposit collectors, i.e., those who are less than 45 years of age as on 3.10.1980, if otherwise eligible, would be considered for regular absorption after taking qualifying examination. (ii) Those, other than (i) above, shall be given benefits as conferred by the Award, i.e. a. Full back wage of ₹ 750/- linked to minimum deposit of ₹ 7500/- p.m. b. Incentive remuneration @ 2% for deposit collected above ₹ 7500/- p.m. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that there was nothing wrong if they were either absorbed in the banks or given regular pay scales, allowances and other service conditions as applicable to other employees of the banks. This Court dismissed the appeal preferred by Indian Banks Association stating: We also see no substance in the contention that these Schemes are unremunerative. The banks have introduced these Schemes because they want to encourage the common man to make small and regular deposits. As a result of such Schemes, the number of depositors have become much larger. We have no doubt that such Schemes are continued because the banks find them remunerative. The banks have large collections through such Schemes. 8. Notices were issued to the Mini Deposit Collectors for recovery of the amounts paid to them from the date of the judgment of the High Court, i.e., 1.4.2001 stating: The bank shall start paying you the remuneration in respect of your assignment as Mini Deposit Collector as per the said terms of the above Award as modified by Andhra Pradesh High Court with effect from 1.4.2001 pending calculation of arrears/ recoveries in respect of the prior period i.e. from 28.3.1997 to 31.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of industrial disputes and for certain other purposes. Maintenance of industrial peace by way of settlement of disputes is one of the objects of the said legislation. Section 18 of the Industrial Disputes Act specifies the persons on whom settlements and awards are binding. Sub-section (3) of Section 18 thereof provides as under: (3) A settlement arrived at in the course of conciliation proceedings under this Act or an arbitration award in a case where a notification has been issued under Sub-section (3A) of Section 10A or an award of a Labour Court, Tribunal or National Tribunal which has become enforceable shall be binding on- (a) all parties to the industrial dispute; (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in Clause (a) or Clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d) where a party referred to in Clause (a) or Clause (b) is composed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... much earlier in Natural Justice, Substance or Shadow by Prof. D.H. Clark of Canada (see 1975 PL, pp. 27-63) contending that Malloch and Glynn6 were wrongly decided. Foulkes (Administrative Law, 8th Edn., 1996, p. 323), Craig (Administrative Law, 3rd Edn., p. 596) and others say that the court cannot prejudge what is to be decided by the decision-making authority, de Smith (5th Edn., 1994, paras 10.031 to 10.036) says courts have not yet committed themselves to any one view though discretion is always with the court. Wade (Administrative Law, 5th Edn., 1994, pp. 526-30) says that while futile writs may not be issued, a distinction has to be made according to the nature of the decision. Thus, in relation to cases other than those relating to admitted or indisputable facts, there is a considerable divergence of opinion whether the applicant can be compelled to prove that the outcome will be in his favour or he has to prove a case of substance or if he can prove a real likelihood of success or if he is entitled to relief even if there is some remote chance of success. We may, however, point out that even in cases where the facts are not all admitted or beyond dispute, there is a c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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