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Smart Summary

Factual and Procedural Background

The petitioners, comprising the KMML Titanium Complex Employees Union and an individual employee, challenged the Government Order (Ext.P4) that approved a Settlement (Ext.P3) concerning the method of calculating overtime wages. The petitioners contend that their authorized representative had submitted a dissenting note during the Settlement process, highlighting that the overtime wage calculation was contrary to Section 60 of the Mines Act, 1952. Despite this dissent, the Government approved the Settlement in its entirety through Ext.P4. The petitioners sought to have Clause 28 of the Settlement and the Government Order set aside insofar as they relate to overtime wage calculation, requesting that such calculation conform to the Mines Act. The writ petition was filed to impugn the Government's approval and the Settlement terms.

Legal Issues Presented

  1. Whether the Government Order approving the Settlement (Ext.P4) can be challenged on the ground that the calculation of overtime wages in Clause 28 of the Settlement (Ext.P3) contravenes Section 60 of the Mines Act, 1952.
  2. Whether a dissenting note by the petitioners' authorized representative, despite their subsequent signing of the Settlement, invalidates or affects the enforceability of the Settlement under the Industrial Disputes Act.
  3. Whether the petitioners can maintain a writ petition challenging a Settlement that was arrived at and signed by them, even if they disagree with specific terms.

Arguments of the Parties

Petitioners' Arguments

  • The petitioners argued that their authorized representative had explicitly placed a dissenting note against the overtime wage calculation in the Settlement, stating it was contrary to Section 60 of the Mines Act, 1952.
  • They asserted that despite this dissent, the Government approved the Settlement in full without considering their concerns, through Ext.P4.
  • The petitioners prayed for setting aside Clause 28 of the Settlement and the Government Order to the extent it relates to overtime wage calculations, and for directing calculation in accordance with the Mines Act.

Respondents' Arguments

  • The respondents contended that the writ petition is not maintainable because Ext.P3 Settlement was arrived at with the consent of the petitioners, who ultimately signed it despite placing a dissenting note.
  • They argued that the majority view in the Settlement prevailed and that a dissenting note does not invalidate the Settlement.
  • The respondents emphasized that the Settlement is enforceable under the Industrial Disputes Act ('ID Act'), and the Government's approval through Ext.P4 was proper.
  • They submitted that the terms of the Settlement were based on negotiations and deliberations, not exclusively on the Mines Act, and hence the petitioners cannot challenge it solely on the basis of conflict with the Mines Act.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court found merit in the respondents' submissions that the petitioners, having signed the Settlement despite dissenting, were bound by the majority decision reflected in the Settlement under the Industrial Disputes Act. The Court reasoned that a dissenting note on a clause does not nullify the entire Settlement once it is agreed upon by the majority and signed by the parties. The Court noted that if the petitioners had objections, they could have sought redress from the Government before the approval order was issued, but they did not. The Court acknowledged the statutory stipulation of overtime wage calculation under the Mines Act but emphasized that the Settlement terms resulted from collective negotiations and thus have legal effect under the ID Act.

However, the Court recognized the petitioners' interest in seeking modification and accordingly granted them liberty to approach the Government with a representation regarding their grievances about the overtime wage calculation. The Court directed that such a representation, if made within one month, must be considered by the competent authority after hearing all interested parties, ensuring a fair and expeditious process.

Holding and Implications

The Court's final decision was to dismiss the writ petition except to the limited extent of granting the petitioners liberty to make a representation to the Government concerning the overtime wage calculation as per the Mines Act.

The direct effect is that the Settlement and Government Order remain valid and binding, but the petitioners have an opportunity to seek modification through appropriate administrative channels. No new legal precedent was established by this decision.

To access the original judgment, please Sign In or Subscribe.

    KMML TITANIUM COMPLEX EMPLOYEES UNION v. STATE OF KERALA

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945

    WP(C) NO. 7736 OF 2023

    PETITIONERS:

    1 KMML TITANIUM COMPLEX EMPLOYEES UNION

    REPRESENTED BY ITS GENERAL SECRETARY, S SANTHOSH,

    REGISTER NO 02-04/2006, KMML MS UNIT KOVILTHOTTAM, CHAVARA, KOLLAM, PIN - 691583

    2 ANU A, JUNIOR TECHNICIAN (DIESEL MECHANIC) THE KERALA

    MINERALS AND METALS LIMITED MS UNIT, KOVILTHOTTAM,

    CHAVARA, KOLLAM, PIN - 691583

    BY ADV A.ARUNA

    RESPONDENTS:

    1 STATE OF KERALA, SECRETARY TO GOVERNMENT, DEPARTMENT

    OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM, PIN -

    695001

    2 KERALA MINERALS AND METALS LIMITED, REPRESENTED BY

    THE MANAGING DIRECTOR, KERALA MINERALS AND METALS LTD.,

    SANKARAMANGALAM, CHAVARA, KOLLAM, PIN - 691583

    3 MANAGING DIRECTOR, KERALA MINERALS AND METALS LTD.,

    SANKARAMANGALAM, CHAVARA, KOLLAM, PIN - 691583

    4 GENERAL MANAGER (MS/TSP & HR/EDP), KERALA MINERALS AND METALS LTD., SANKARAMANGALAM, CHAVARA, KOLLAM, PIN -

    691583

    5 JOINT GENERAL MANAGER (P & A) I/C, KERALA MINERALS AND METALS LTD., SANKARAMANGALAM, CHAVARA, KOLLAM, PIN -

    691583

    6 MANAGER (P & A) I/C, KERALA MINERALS AND METALS LTD.,

    MINERAL SEPARATION UNIT, KOVVILTHOTTAM, CHAVARA, KOLLAM,

    PIN - 691583

    1

    2

    7 HEAD OF UNIT (F/MS), KERALA MINERALS AND METALS LTD.,

    MINERAL SEPARATION UNIT, KOVVILTHOTTAM, CHAVARA, KOLLAM,

    PIN - 691583

    BY ADVS.

    SMT.LATHA ANAND[SC]

    SMT . K.G.SAROJINI[GP]

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

    ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE

    FOLLOWING:

    3

    JUDGMENT

    The petitioners impugn Ext.P4 Government Order, which has approved Ext.P3 Settlement as regards the system of calculation of overtime wages. They assert that when Ext.P3 was entered into, their authorised representative had placed a dissenting note with respect to the calculation of overtime wages, saying that it was counter to Section 60 of the Mines Act, 1952.

    2. The petitioners say that, however, in spite of this, and though Ext.P3 Settlement records the dissent very clearly, Government did not consider the same, but approved it in whole, through Ext.P4 order. They, therefore, pray that Clause 28 of Ext.P3 Settlement and Ext.P4 - which granted approval to it, be set aside to the extent impugned and that calculation of overtime wages be directed to be done in terms of the Mines Act.

    3. In response to the afore submissions made by Smt.A.Aruna - learned counsel for the petitioners, Smt.Latha Anand - learned Standing Counsel for the respondent - Company, submitted that this Writ Petition is not maintainable since Ext.P3

    4

    Settlement had been arrived at with the consent of the petitioners also. She submitted that even though petitioners may have placed a dissenting note, it would have no consequence because the majority view was contrary to it; and further that, since they finally signed the Settlement notwithstanding such dissent, they cannot now maintain this Writ Petition. She explained that, the final legal effect is that Ext.P3 became enforceable in law, particularly under the provisions of the Industrial Disputes Act ('ID Act' for short); and therefore, that the action of the Government in having approved it through Ext.P4 is without error.

    4. The learned Government Pleader - Smt.K.G.Sarojini, adopted the afore submissions of Smt.Latha Anand, saying that it is irrelevant that the authorised official of the petitioners had placed a dissent to Clause 28 of the Settlement, because he had subscribed his signature to it finally; thus indicating that same had been approved by majority. She argued that since the Settlement is a Statutory one under the provisions of the 'ID Act', it cannot be challenged by the petitioners solely because, in their view, Clause 28 runs counter to the Mines Act. She added that, in any event,

    5

    this contention is untenable because the terms of Settlement are not exclusively based on the Mines Act, but on negotiations and deliberations which happened during the process of its finalisation. She thus prayed that this Writ Petition be dismissed.

    5. I must say that there is great force in the afore submissions of both the learned Government Pleader and the learned Standing Counsel because, if the petitioners had any reason to be not part of the Settlement, they could have refused to accede to it, particularly in view of the dissent they placed under Clause

    28. Even assuming that Clause 28 calculates the overtime allowances not in the manner as stipulated in the Mines Act, as long as all the parties agreed to the same, it became a binding Settlement under the provisions of the 'ID Act'. Obviously, therefore, if the petitioners had any claim against it, they could have brought it to the notice of the Government and sought redressal, but this was not done, even when it finally issued Ext.P4 in terms of the said Settlement. This is more so because, as I have already said above, a mere dissent to one of the Clauses in Ext.P3 Settlement would not deracinate it fully, because the final decision

    6

    is always as per majority and consensus.

    6. That said, however, I am certain that the petitioners must be given an opportunity to approach the Government appropriately for modification of Ext.P4, if it is legally possible, adverting to the fact that the calculation of overtime wages has been stipulated statutorily in the Mines Act in a particular manner. I do not think that such an opportunity should be denied to them, even in view of the observations made supra.

    In the afore circumstances, I order this Writ Petition only to the limited extent of leaving liberty to the petitioners to approach the Government with an apposite representation/request with respect to their grievances relating to Ext.P4; and if this is done within a period of one month from the date of receipt of a copy of this judgment, same shall be considered by its competent Authority, after affording them, as also all other interested parties, an opportunity of being heard; thus culminating in an appropriate proceedings, as expeditiously as is possible.

    Sd/-

    RR DEVAN RAMACHANDRAN

    JUDGE

    8

    2/03 dated 14.10.2003 Exhibit R2(D) True copy of the report of the meeting under the chairmanship of Hon'ble

    Minister for Industries with the

    recognized Trade Unions of KMML and

    Management representatives of KMML held on 23.11.2021

    Exhibit R2(A) True copy of the standing orders for the workmen of KMML

    Exhibit R2(E) True copy of the letter No.H3/110/2021 dated 30.11.2021 was issued by the

    industries department

    PETITIONER EXHIBITS

    Exhibit P10 True copy of the relevant pages of the Annual Report 2021-22 of the Kerala Minerals and Metals Limited

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    Comments

    KMML TITANIUM COMPLEX EMPLOYEES UNION v. STATE OF KERALA
    (Aug 3, 2023)