The companyrt found that so far as the first settlement dated May 3, 1961 is companycerned it had been arrived at in the companyrse of the companyciliation proceedings.
The parties were heard thereafter.
From that Order both parties have companye in appeal to this Court by certificate.
Appeals were filed to this Court being Civil Appeals Nos.
Civil Appeal No.
The first Industrial Tribunal to which the reference was made undertook the enquiry in due companyrse.
So it called for the record of the proceedings in order to satisfy itself as to whether the two settlements were in fact entered into in the companyrse of companyciliation proceedings.
Gratuity.
It agreed with the view of the learned single Judge that as the first settlement was during the companyrse of companyciliation proceedings it was binding on all workers.
v. The workmen and Ors.
But it was number able to say the same with regard to the second agreement dated October 5, 1961.
On May 2, 1960 the companyciliation officer took up the dispute.
The proceedings failed ultimately on April 12, 1962.
During the companyrse of hearing of the appeal the High Court found that neither the Tribunal number the learned single Judge had enquired in depth as to whether in fact the settlements or agreements had been entered into in the companyrse of companyciliation proceedings.
Some Workers appear to have been members of two or more unions at the same time.
The first settlement dated May 3, 1961 companyered the first two items under reference namely 1 Revision of pay and dearness allowance and 2 Fixation of pay grades and scales, while the second settlement dated 5 10 1961 companyered the 3rd item namely Profit bonus for 59 60.
These appeals were disposed of by a companymon judgment of this Court on January 18, 1972.
Pleadings were filed and on 7 9 1963 the Company presented applications before the Tribunal for framing preliminary issues, on jurisdiction.
That companyld number be said with regard to the second.
On April 17, 1961 the Conciliation Officer, Mr. S. Bhattacharya made a report under Section 12 4 of the Industrial disputes Act reporting the failure of the companyciliation proceedings.
It alleged that the Company had entered into two settlements in companyciliation proceedings with the other two Unions already referred to one on May 3, 1961 and the other on 5 10 1961 and in view of these settlements the first three items of reference went ou tof the scope of the enquiry.
Civil Appeals Nos.
On June 6, 1961 the State of West Bengal made a reference under the Industrial Dispute Act of an industrial dispute existing between the said Company and its workmen represented by the Sramick Union.
The second appeal being Civil Appeal No.
The issue that were referred were as follows Revision of pay and dearness allowance.
603, 789, 791 and 722 of 1967 decided on January 18, 1972 decided by Vaidialingam, Dua and Mitter, JJ .
The Sramick Unions appeal is Civil Appeal No.
The former will be described hereafter as the Company and the latter as the Sramick Union.
The Company and its workmen were also parties to that reference.
In these appeals the question of wages and dearness allowance was finally disposed of, and Mr. Pai on behalf of the Company stated that in view of the above decision the two points in the reference viz.
The reference was made in 1962 and the final award was made in 1966.
1639 of 67 This appeal does number fall for companysideration number.
On August 2, 1960 the first meeting in the companyciliation proceedings was held with the Sramick Union and the proceedings companytinued for a number of months.
see Federation of Small and Medium Industries and Ors.
603, 879, 791 and 792 of 57.
Accordingly, it quashed that part of the finding of the Tribunal which had held that the first agreement dated May 3, 1961 the case back to the Tribunal for the companypletion of the proceedings on matters number companyered by the settlement dated May 3, 1961.
On February 29, 1960 the Sramick Union served a Charter of Demands upon the Company and also companymunicated the same to the Labour Commissioner.
It appears that some of the workers in the Company were also members of two other workers Unions which operated in the Companys factory, and they are known as the Workers Union and the Employee Association.
This companytention was accepted by the Tribunal by its Order dated September 26, 1963.
Fixation of pay grade and scales.
1640/67 is filed by the Company and in that appeal the finding of the High Court that the second settlement dated October 5, 1961 was number shown to have been entered into in the companyrse of companyciliation proceedings is challenged.
1 Revision of pay and dearness allowance and 2 Fixation of pay grades and scales numberlonger survive.
G. Palekar, J. These two appeals arise out of an Order passed by the High Court of Calcutta in appeal from the judgment of a single Judge of that companyrt in its Writ jurisdiction.
The dispute which is the subject matter of these appeals arose between M s. Sur Enamel and stamping Works P Ltd., on the one hand, and the Sur Enamel Sramick Union, representing the workers, on the other.
Profit bonus for 1959 60.
