Appeal by special leave from the Award dated December 29, 1958 of the Industrial Tribunal, Delhi in I. D. No.
K. Ramamurthi, B. K. Garg, S. C. Agarwala, and D. P. Singh, for the Respondent 1.
In pursuance of that direction, a scheme was worked out and the parties agreed to it on September 29, 1951.
1 as the working model.
It was urged for the appellant that the agreed scheme of September 1951 thus became in a sense a part of the Dulat award and as it was terminated only in November 1956, while the present reference was made on March 3, 1956, that award stood in the way of the present reference being companypetent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This companytention was negatived by this Court in, its earlier judgment on two grounds.
The appellant challenges the award and its main companytentions are that the reference was incompetent as the Dulat award of 1951 had number been termi nated that the tribunal was wrong in holding that the assistant fancy jobbers should be designated as fancy jobbers that the tribunal was wrong in applying the Bombay standardisation scheme to the appellants workmen without allowing the appellant even a chance of producing evidence with respect to that scheme and showing the difference between the companyditions in Bombay and the companyditions in Delhi, which would require modification of that scheme in its application to the appellants workmen that the tribunal by directing the appointment of a joint companymittee to investigate the anomalies bad number solved the dispute referred to it with the result that there would be further disputes arising out of this direction of the tribunal and that the tribunals direction that ,wherever the said existing wages are higher than those fixed under the Bombay stan dardisation scheme, they shall remain, and shall number be lowered is against the principle on which the standardisation schemes are based.
It also directed that wherever the said existing wages are higher than those fixed under the Bombay Standardisation Scheme, they shall remain and shall number be lowered.
The Judgement of the Court was delivered by WANCHOO, J.This appeal by special leave, arises out of an industrial dispute between the Birla Cotton Spinning and Weaving Mills Limited hereinafter called the appellant and its workmen.
104 of 1956.
It also directed that where operatives were designated by any other name, either number included in the Bombay list or materially different from the one appearing in the list, they should be paid the same wages as those doing identical work according to the Bombay list and a joint companymittee companysisting of the representatives of the management and the union might be formed to investigate the anomalies, arising out of the application of the Bombay standardisation scheme, and in case of disagreement the matter might be referred to the industrial tribunal either through a regular reference made with mutual companysent or as an arbitrator mutually agreed upon.
B. Pai and I. N. Shroff, for the Appellant.
36 of 1957 published in the Delhi Gazette dated 5th March, 1959.
