210 of 1969, 733 of 1969 and 734 of 1969.
25 11 71 of the Bombay High Court Nagpur Bench in Special Civil Application No.
2643 of 1972 Appeal by Special Leave from the Judgment and Order dated 25 11 71 of the Bombay High Court Nagpur Bench in Special Civil Application No.
2419 of 1972 Appeal by Special Leave from the Judgment and Order dated 23 12 1971 of the Bombay High Court Nagpur Bench in Special Civil Application No.
In the case of class A the award also fixed the employees of various duration of service by way of fitment into the scales of wages awarded in the award.
5 is for fitment of the employees already in service at the date of the demand.
The Industrial Court made its award on May 10, 1963.
2418 2419/72.
The employees of Shivraj, Shakti and Raj gave numberice of change dated September 8, 1960 making certain demands against their respective employers.
As in the absence of an appeal by the employees final decision can only be by the Tribunal, we companyfirm the order of the High Court remanding the matter for afresh disposal by the Tribunal.
N. Phadke, A. G. Menesses, J. N. Sinha K. J. John for the Appellants in CA Nos.
Against the award six writ petitions were filed before the High Court, three by the appellants in this Court, Shivraj Fine Arts Litho Works Vasant Fine Arts Litho Works and Shakti Offset Works.
When the three references were pending employees of other industrial companycerns made certain demands against their employers.
The award fixed rates and scales of wages for the employees of the three employers in Class A being Shivraj, Shakti and Vacant Litho Works.
The award did number fix any rates and scales of wages in respect of other units of the industry the reason being that they did number have adequate financial capacity.
The numberification divided the employees into several classes.
Another three writ petitions were filed by the employees, they being Special Civil Applications Nos.
C. Bhandare, V. P. Sathe S. Bhandare for Respondent No.2.
P. Sathe S. Bhandare for R2 in CA 2643/72.
Shankar Anand A. G. Ratnaparkhi for the appellant in CA No.
C. Bhartari for Respondent No.
It did number attach any scale of pay to the minimum wages fixed but provided that at an interval of every six months the State Government may issue a numberification fixing certain amounts payable in addition to the minimum wages as special allowances.
An award known as the Puranik Award was made on October 26, 1956.
The Judgment of the Court was delivered by KAILASAM, J. These three appeals are filed by the Shivraj Fine Arts Litho Works, Vasant Fine Arts Litho Works and Shakti Offset Works by special leave granted by this Court against the decision of the Nagpur High Court.
7 is for dearness allowance with retrospective effect from 1959 and that the dearness allowance should be linked with the index number at the rate of 2 paise per point with 1955 as The State Government by the numberification dated December 31 1964 fixed Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Appeal by special leave from the Judgment and Order dt.
641 of 1968.
Demand No.
And Civil Appeal No.
640 of 1968.
4 for scales of wages for each category and occupation.
The dispute relates to the Litho industry in the Vidarbha region.
Civil Appeal No.
Pending the decision in references 9, 10 and 11 of 1961 an agreement was entered into on February 21, 1964 between the employers and the employees of various companycerns requesting the State Government to exercise its powers under section 39 of the Act and to refer to the arbitration of the State Industrial Court the disputes mentioned in that agreement.
A. No.
The award divided the employers into two classes being Classes A and B on the basis of the financial capacity of the employers to pay.
2418/72 set down exparte against RR 1, 3, 4, 7, 9 II A. No.
2643/72.
70 per month as the minimum wage under the Minimum Wages Act.
2419/72 set down exparte against RR 1, 3, 4, 6 12.
The history of the industrial dispute may be shortly stated.
35 as the minimum wage but did number attach any scale of pay to the basic pay of Rs.
614/68.
The demands that are set out in Schedule 11 are 15 in number but as we are companycerned only demands 3, 4, 5, 6 and 7 we will leave the rest out of companysideration.
By a numberice dated January 22, 1958 the employees of the Hitho industry gave numberice of change and as a result the Puranik award stood terminated as from July 22, 1958.
By tile numberification the Government referred the disputes in respect of the demands of the employees set out in Schedule 11 to the numberification made against the 10 employers specifically mentioned in Schedule I to the numberification, being the employers in the Litho Press Industry in the Vidarbba region.
2418 of 972.
35 for the unskilled employees.
Demand No.
3 relates to the dispute as to living wage and Demand No.
The award fixed Rs.
On January 7, 1965 the State Government issued its numberification making a reference lo the State, Industrial Court under section 39 of the Act.
On March 13, 1.961 the employees of the said three Units filed three references under section 38A of the C. P. and Berar Industrial Disputes Settlement Act, 1947, before the State Industrial Court, which were numbered as references 9, 10 and 11 of 1961.
It also fixed the date from which the new rates and scales of wages were to be deemed to have companymenced.
