Dear Experts,
X is the parent company manufacturing drugs. The same Chairman has other business as well named as Y, Z. Now company Y Ltd is separately registered as per the company laws and has a,b,c as other divisions in it. The divisions a,b,c are in business of Transport, Forex, FMS respectively .
The workers of A division through its Union, raised a Gen Demand and the matter was referred to Industrial Tribunal u/s 10(4) if the ID Act, 1947. In the wage demand the Union has prayed to pay the wages which are paid to the workers of Parent X Company who are in production dept, whereas the workers of division A are drivers, cleaner, & Conductors. Thus the principle of region cum industry is not applied in the way it should have been applied.
Now the main ground were the Industrial Tribunal has held to both X and A company to pay the same wages as paid to the workers of X company, was that in year 2012, one more division of A company called C was closed by the management to which the applicability of chapter VB was not applicable for which the union filed the complaint u/s 25Q of ID Act, against both X and A division of it. Later on the matter was referred to First class judicial magistrate wherein one of the officer of Parent company pleaded guilty and paid the fine.
Now since the order of Industrial Tribunal has relied mainly on this ground holding that both the company X and A are same thus pay same VDA /FDA etc to the Drivers also.
I humbly request the forum here, to provide me any HC/SC judgments in light of the above position mentioned which can be defended by us before the HC.
Warm Regards
VJ
