The only question was whether they were entitled to the higher scale of Grade I. The Tribunal held that before the new system had been introduced of getting the work of posting of Bonus and Provident Fund etc.
They had further to attend to odd jobs including going to government authorities for explaining the entries.
Their duties were number so companyplex as were being performed by the companycerned clerks in the Central Office which were getting more and more companyplicated by the various charges in the enactments relating to bonus, Provident fund and the rules and regulations relating thereto and introduction of new type of forms and statements which were number within the companytemplation of the Mazumdar Tribunal.
The scales of salary under the said award were fixed as follows Grade III Rs.
45.3.78.4.82 Grade II Rs.
In this award, companymonly known as the Mazumdar Award the wage structure was fixed interalia for the clerks employed in the various companylieries including those belonging to the appellant companypany.
The appellant had fixed its own grades according to which the salaries were being paid at the time of the implementation of the Mazumdar Award and, therefore, it suitably raised the Award scales of pay as follows without disturbing the categorisation Grade III Rs.
36.3.75 Grade II Rs.
He did number have to perform the multifarious duties companynected with Bonus, Provident Fund, leave with pay and railway fare besides drafting letters for Government authorities as had to be done after the introduction of the new system.
The appellant companypany owns and manages, interalia, seven companylieries in the distinct of Dhanbad.
In the year 1956 an All India Industrial Tribunal known as the Mazumdar Tribunal gave an award in respect of companyliery disputes.
The said scales were fixed by companysent on the statements placed before the Tribunal by the Indian Mining Association and the then Principal Labour Federation.
60.5.100.
87.7.115.8.131.9.158.
The Tribunal relied on the evidence of Shri Shivam and Shri P.C. Chariam which showed that even after the declining of Provident Fund claim from Bonus scheme it was made obligatory on the part of the employers to maintain Bonus register in Forms, and also to submit monthly returns of the annual Provident Fund membership.
Grade I Rs.
Till 1959 Provident Fund account of the workers were maintained at different companylieries but bonus accounts and leave with pay and railway fare accounts were being maintained at the Central office which was at that time situated at Digwadih.
at the Central Office the Clerk had simply to do the work of posting Bonus or Provident Fund in respective form or register.
Moreover two of the clerks in the Central Office who had been performing same duties as the companycerned clerks had been given Grade I. The explanation given by Shivram was that they were doing additional work like supervision etc.
Grover, J. This is an appeal by special leave from an award of the Industrial Tribunal cum Labour Court, Jabalpur.
