The companypany resisted the claim and raised two main companytentions.
Besides the companytractors were paying much less to the workmen than the amount paid by the companypany to its unskilled regular workmen.
Appeal by special leave from the Award dated September 5, 1958, of the Industrial Tribunal, Bombay, in Reference T. No.
A dispute was raised by the workmen of the companypany hereinafter called the respondents with respect to companytract labour employed by the companypany for cleaning maintenance of the refinery, plant and premises belonging to the companypany.
The system in force in the companypany is that this work is given to companytractors for a period of one year from October 1 to September 30.
Further, the workmen of the companytractors were number entitled to other benefits and amenities such as provident fund, gratuity, bonus, privilege leave, medical facilities and subsidised food and housing to which the regular workmen of the companypany were entitled.
April 6.
But when the companytract was given to Ramji Gordhan and Company, all these 67 workmen were thrown out of employment, though 40 of them were subsequently re employed as fresh employees by Ramji Gordhan and Company.
The companytract system for cleaning the premises and plant should be abolished and workers working in the refinery through the Ramji Gordhan and Company should be treated as workers of the Standard Vacuum Refining Company of India Limited, Bombay, and wage scales, companyditions of service, etc.,
That companypany employed 67 workmen to do the work.
The appellant is The Standard Vacuum Refining Company of India Limited hereinafter called the companypany .
R. Gokhale, S. B. Naik and K. R. Chaudhury, for respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
was with Ramji Gordhan and Company for the period from October 1, 1957, to September 30, 1958.
As an instance, it was said that previous to October 1, 1957, the companytract was with Gowri Construction Company.
130 of 1959.
At the time when the reference was made the companytract.
When companyciliation failed, the Government of Bombay made the following reference on May 13, 1958.
The result of the system therefore was that there was numbersecurity of service to the workmen who were in effect doing the work of the companypany.
K. Daphtary, Solicitor General of India, G. B. Pai and Sardar Bahadur, for the appellants.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave in an industrial matter.
On April 27, 1957, the respondents made a demand for abolition of the companytract system that prevailed in the companypany and for absorbing the workmen employed through the companytractors into the regular service of the companypany with retrospective effect from the date of their employment in the companypany through the companytractors.
The case of the respondents was that the companytractor used to change sometimes from year to year with the result that the workmen employed by the previous companytractor were thrown out of employment.
187 of 1958.
