Case Law Details
Bata India Limited Vs Workmen of Bata India Limited and Another (Supreme Court of India)
It is a case of the appellant that after 01.02.2001, workmen had deliberately adopted ‘go slow’ tactics and did not produce the minimum agreed production as per the settlement. The production was below 50 per cent of the normal production. Despite repeated requests and warnings, the workmen did not pay any heed to increase production. Consequently, the appellant decided to pay pro-rata wages to those not meeting the mutually agreed target. However, the workmen refused payment and resorted to stay-instrike. Apprehending danger to safety, the management declared lockout on 08.03.2000, which was lifted on 03.07.2000.
SC held that The appellant should have heard the Union or the workmen before the management proceeded to deduct the pro-rata wages for “go slow” work. Having held so, the Division Bench took notice of the argument of the appellant that they had put notices on the notice board justifying the deduction of wages on a pro-rata basis. This, the Division Bench observed, was a matter of fact that cannot be gone into while exercising writ jurisdiction. What was required and necessary was giving proper opportunity to the affected person before making any deduction on pro-rata basis. Having observed so, the management was directed to pay the deducted/reduced wages to the employees within one month from the date of receipt of the order passed by the Division Bench. However, liberty was reserved for the appellant to take appropriate steps regarding “go slow” strategy adopted by a large section of the workmen and proceed in accordance with law.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
It is an admitted position that the appellant – Bata India Limited and the first respondent – Workmen of Bata India Limited, an association of the appellant’s employees, had entered into the settlements dated 11.03.1998 and 14.12.1998. As per the appellant, by virtue of the settlements, the workmen had agreed to produce a minimum of 1,200 pairs of shoes per shift. The weekly target for production was fixed at 21,600 pairs of shoes in three shifts working per day. The norm for calculation of incentive on production was fixed at 12,960 pairs of shoes per week.
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