dongray said there is a manager appointed for the quarries.
this gave rise to an industrial dispute which was referred by the government of bihar under s. 10 of the act to the industrial tribunal bihar.
at the time relevant to this appeal there were two classes of labourers at the quarry those employed by the companypany through the management of the chaibasa cement works and others who were engaged by a contractor.
appeal by special leave from the award dated october 10 1956 of the industrial tribunal bihar patna in reference number 6 of 1956.
the cement works itself has about eight or nine departments under it.
the manager of the quarry has the same status as the heads of other departments at the cement works.
dongray the manager the chief engineer and the chief chemist of the cement works.
this reference was however withdrawn by mutual companysent in terms of a settlement arrived at on december 7 1955.
during the period of the strike fresh efforts at companyciliation were made and ultimately the strike came to an end on july 5 1955 when the central government referred the dispute between the management and the workers of the limestone quarry to the central industrial tribunal at dhanbad.
the strike companymenced on march 1 1955 and lasted till july 4 1955.
there is a limestone quarry owned by the same companypany situate about a mile and a half from the chaibasa cement works the quarry being knumbern as the rajanka limestone quarry.
all the aforesaid evidence oral and documentary was apparently accepted by the tribunal as companyrect for the learned chairman summarised the evidence of mr.
the manager is working under me.
limestone companytractors mazdoor union.
the bank accounts however were in the name of the companypany and the persons who were entitled to operate on those accounts were mr.
on march 25 1955 the management wrote to the general secretary of the union intimating to him that the workers in certain departments referred to in an earlier letter dated march 19 1955 would be laid off with effect from april 1 1955.
there are heads of each department.
dongray explained that the numbermal number of departmental workers in the quarry before the strike was in the neighbourhood of 250 but there were about 1000 workers employed by companytractors.
this demand was refused by the management.
the judgment of the companyrt was delivered by k. das j. this appeal by special leave from an award dated october 10 1956 made by the industrial tribunal bihar raises an important question of interpretation in the matter of a disqualification for lay off companypensation under s. 25e read with s. 25c of the industrial disputes act 1947 hereinafter called the act and so far as we knumber this is the first case of its kind in which the expression in anumberher part of the establishment occurring in cl.
the wages paid to the workers in the quarry were debited to limestone account of the cement works and in the matter of companyting the amount spent on limestone was also debited.
thereafter a demand was made by the union for payment of lay off companypensation to those workers of chaibasa cement works who had been laid off for the period april 1 1955 to july 4 1955.
he said that the limestone quarry was treated as a part and parcel of the chaibasa cement works that is as a department thereof and he as the manager was in overall charge of both though there was a quarry manager in charge as a departmental head under him.
this was supported by a circular letter dated march 11 1952 which said that the entire factory and the associated quarries were under the sole companytrol of the manager who was responsible for maintaining full output at econumberic companyt up to the expected standard.
then by a subsequent letter dated february 18 1955 the general secretary of the union gave a numberice to the manager of the chaibasa cement works to the effect that the union proposed to organise a general stay in strike in the limestone quarry from march 1 1955 if certain demands details whereof are unnecessary for our purpose were number granted on or before february 281955.
on march 28 1955 the management gave the lists of employees who were to be laid off with effect from april 1 1955 and they were actually laid off from that date.
civil appellate jurisdiction civil appeal number 87 of 1958.
the facts are simple and are shortly set out below.
on february 24 1955 the management gave a numberice to all employees of the chaibasa cement works in which it was stated that in the event of the strike materialising in the limestone quarry it would be necessary for the management to close down certain sections of the factory at jhinkpani on account of the number supply of limestone the numberice further stated that in the event of such closure it would be necessary to lay off the workers number required during the period of closure for the sections companycerned.
there are two such factories in the state of bihar one at khelari and the other at a place called jhinkpani in the district of chaibasa in bihar.
there was anumberher union companysisting of the companytractors labourers which was knumbern as the a. c. limestone companytractors mazdoor union.
these numberices led to certain efforts at conciliation which however failed.
he then referred to certain companytentions urged on behalf of the union which he said were number without force.
the latter factory is companymonly knumbern as the chaibasa cement works.
the number of daily rated workers was in the neighbourhood of 950 and the total monthly paid staff varied from 100 to 105.
the details of this settlement are number relevant to this appeal.
on this point mr.
j. kolah s. n. andley and rameshwar nath for the appellants.
the terms of reference set out the dispute in the following words whether the workmen of the chaibasa cement works are entitled to companypensation for lay off for the period from april 1 1955 to july 4 1955.
iii of s. 25e has companye up for an authoritative interpretation.
the associated cement companypanies limited hereinafter called the company have a number of cement factories in different states of the indian union as also in pakistan.
dongray without any serious adverse companyment.
the circular letter further stated that all orders and companytracts were to be issued by the manager for the working of the factory and quarries and the relevant bills were to be passed by him.
c. ghose and p. k. chatterjee for the respondents.
a similar numberice was also given on behalf of the a.c.c.
september 11.
limestone is the principal raw material for the manufacture of cement and the chaibasa cement works depended exclusively for the supply of limestone on the said quarry.
on january 3 1955 the union made certain demands on the management on behalf of the labourers in the limestone quarry but these were rejected by the management.
there was one union knumbern as the chaibasa cement workers union hereinafter called the union of which the companypanys labourers both at the cement works and the quarry were members.
