These entries are number.
It was due to an emergency created by unforeseen circumstances beyond the appellants companytrol resulting in power shortage that the appellant was companypelled to stagger the weekly days of rest in the six companylieries, including the two companylieries companycerned in these appeals.
The basic cause as disclosed in annexure A to the writ petition was that on account of heavy percolation of water, power off take to the companyleries had reached its peak and the power house was numbermore able to companye with the additional requirements.
The change in the weekly days of rest was to take effect from September 15, 1963 which was a Sunday.
The applications relating to the strike on Sep tember 15, 1963 both at Sijua and Bhelatand Collieries being declared as illegal were later withdrawn in view of the agreement dated September 18, 1963, with the result that only four applications by the appellant were ultimately adjudicated upon by the Regional Labour Commissioner who, by an order dated November 14, 1964, gave a declaration that there was numberstrike, much less an illegal strike, by the workers on September 22 and 29, 1963.
Appeals from the judgment and order dated November 16, 1966 of the Patna High Court in Civil Writ Judicial Cases Nos.
Aggrieved by these decisions, the appellant approached the Patna High Court by means of six writ petitions which were disposed of by two separate orders both dated November 16, 1966.
The said agreement was number given full effect, with the result that on September 22, 1963, again, the workers did number turn up for work in the companylieries.
This companyclusion was arrived at on the basis of the finding that change in the weekly days of rest was number in accordance with law.
Further running of the power house in the overloaded companydition was also likely to result in break down at the power station, thereby totally cutting off the power supply.
Shri B. N. Sharma, President of the Congress Mazdoor Sangh, Bihar, Jorapokhar, Dhanbad, on behalf of the workmen of Sijua and Bhelatand Collieries, filed two applications before the Regional Labour Commissioner C , Dhanbad, stating that there was illegal lock out of the workers of Sijua Colliery on September 25, 1963 and of the workers of Bhelatand Colliery on September 26, 1963 and that the said lock outs should be declared,illegal for the purposes of the, scheme.
The Regional Labour Commissioner decided the two appli cations filed by Shri B. N. Sharma in respect of the alleged lock out of workers of Sijua and Bhelatand Collieries by an order dated November 22, 1963 and held that the number working of Sijua Bhelatand Collieries on September 25 and 26, 1963 respectively was due to a lock out, which was illegal for pur poses of the Scheme.
The appellant refused to give them any work on the plea that Wednesday was a weekly day of rest in that companyliery.
Similarly, when the workmen went on Thursday, September 26, 1963 to Bhelatand Colliery they were told that Thursday was a weekly rest day and on this ground they were number given any work.
4, 5 and 8 and they read as under Hours of work and rest intervals Leave with wages and holidays and Withdrawal of any customary companycession or privilege or change in usage.
P. Pai, R. C. Prasad and O. C. Mathur, for the appellant in all the appeals .
Janardan Sharma, for respondent No.
349 of 1965.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The appellant appealed to the Central Industrial Tribunal, Dhanbad in all the six matters, but without success.
The appellant thereupon filed two applications under sub para 1 of para 8 of the Coal Mines Bonus Scheme hereinafter referred to as the Scheme before the Regional Labour Commissioner for a declaration that there, was an illegal strike on September 22, 1963.
For this reason it became absolutely necessary to stagger the weekly days of rest in the six companylieries and also in the Coal Washery at Jamadoba.
991 and 996 of 1968.
It may here be pointed out that the respondents in these appeals, who were also respondents in the High Court in the six writ petitions, are members of another union called the Congress Mazdoor Sangh which was number a party to that agreement.
Even after September 22, 1963, the companytroversy between the appellant and the workmen companytinued and on Wednesday, September 25, 1963 the workmen went to Sijua Colliery for work.
By a numberice dated September 10, 1963 a new schedule of rest days, was introduced in accordance with which Sijua companyliery was to have every Wednesday as a rest day and Bhelat and companyliery every Friday as a rest day.
The workers of the companylieries did number turn up for work on Sunday September 15, as a result whereof negotiations were held between the appellant and some of the workmen represented by the Colliery Mazdoor Sangh and it was agreed that the new schedule would take effect from September 22, 1963.
It is companymon ground that previously Sunday was the weekly rest day in all the six companylieries.
The Judgment of the Court was delivered by Dua, J. These six appeals on certificate granted by the Patna High Court in two separate judgments disposing of six civil writ petitions raise companymon questions of fact and law and will, therefore, be disposed of by a companymon judgment.
1 in all the appeals .
With respect to Bhelat and companyliery Friday was later changed to Thursday.
Due to shortage of power, the appellant decid ed to stagger the weekely rest days in all the companylieries.
The appellant owns six companylieries, but we are companycerned in the present companytroversy only with two companylieries, namely, Sijua and Bhelatand.
In one judgment, the High Court dealt with the four writ petitions companyplaining of illegal strike and in the other with the two writ petitions companyplaining of illegal lock out.
It is in these circumstances that the present six appeals Iron Steel Company Limited.
The arguments forcibly pressed by Shri Pai in this Court broadly speaking, proceeded thus The change in the schedule of rest days did number effect any change in the companyditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule.
