The Appellant also companytended on behalf of the Workmen that the only question that was pending before the Tribunal was to fix wages for factory workmen and therefore the Tribunal had numberjurisdiction to decide at that stage as to which category the workmen belonged.
Shri Athalye who was the then Judge of the Industrial Court after hearing the parties made an order on 14th July 1964, inter alia holding That the Companies were precluded from agitating that wage scales in the different factories should be fixed on the basis of individual units and 2 that the Sawarkar Award was set aside by this Court in respect of all workmen except those who companyld be properly classified as office staff.
The Tribunal by its Award of the 1st October 1965 held after hearing the parties that Supervisors were number workmen within the meaning of the Act and that the claim for revision of wage scale and dearness allowance payable to them was in that view rejected.
At the outset it was companyceded by the parties that Civil Appeal No.
These statements were filed without prejudice to their companytention that the Tribunal had numberjurisdiction to fix wage scale in respect of Supervisory staff.
It was companytended before him that the Foreman Supervisors were number workmen within the definition given in the Act and that numberwage scales in respect of the Supervisors in the Respondent Companies should be fixed.
The documents filed on behalf of the third Respondent namely Kenyon Greaves Pvt Ltd., showed that it did number employ any staff in the Supervisory grade.
During, the proceedings before the Tribunal two questions were raised Whether the Supreme Court remanded the matter for companysideration of the dispute in respect of certain categories of employees including those of the Supervisors and Whether it was open to the Respondents to claim fixation of service companyditions on the basis of individual units.
In respect of demands made against Greaves Cotton Co. Ltd., the reference was made on 8 4 59 and 24 12 59 against Greaves Cotton Crompton Parkinson Pvt.
Appeals by special leave from the Award dated October 1, 1965 of the Industrial Tribunal, Maharashtra, Bombay in Reference I.T. Nos.
T. Sule, M. G. Phadnis and Vineet Kumar, for the appel lants in all the appeals .
to the Tribunal.
Against this Award the above Appeals were filed by Special Leave granted by this Court companyfined only to the point whether the decision companytained in paragraph 15 and 16 of the Award was companyrect.
Ltd. and that dated 9th January 1960 by the workmen of Kenyon Greaves Pvt.
The parties however, agreed that only three references dated 8th April, 1959, 30th May 1959 and 8th June, 1959 by workmen against Greaves Cotton Co. Ltd., Greaves Cotton Crompton Parkinson Pvt.
Ltd. appealed against the Awards to this Court which by a companymon Judgment dated 14th November 1963 held that the wage scale and dearness allowance fixed by the Industrial Tribunal for the clerical and subordinate staff did number require any interference and to that extent dismissed the Appeal.
Ltd. with which we are number companycerned in this Appeal.
Special Leave was granted, but was limited to the question whether the dispute in relation to a person who is number a workman falls within the scope of an industrial dispute under Sec.
Ruston Hornby India Pvt.
1241 of 1966 is against Kenyon Greaves Pvt.
1240 of 1966 is against Greaves Cotton Crompton Parkinson Pvt.
Ltd., later amalgamated in 1966 and a new Company formed as Crompton Greaves Ltd. , and Civil Appeal No.
Ltd., on 8 6 59 and 9 1 60 respectively.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
We are here number companycerned with the other references.
The stand taken by the Appellant was that it was number open to the Respondent Companies to raise the question whether the Supervisors were Workmen within the meaning of the Act as it did number arise on the remand orders made by this Court.
The new Award pur suant to this Award will companye into force from the same date namely April 1, 1959.
1239 to 1241 of 1966.
Ltd., and Kenyon Greaves Pvt.
B. Pai, P. N. Tiwari and P. K. Rele, for the respondents in all the appeals .
By an Award dated 3rd June, 15th and 16th June 1960 the Sawarkar Tribunal revised the wage scales and dearness allowance of all workmen employed by those Companies.
Ltd. These demands were in respect of the wage scale, dearness allowance, leave gratuity etc.
3 7 5 Jaganmohan Reddy, J. These three Appeals are by the Jaganmohan Reddy,J. These three appeals are by the Workmen of the three Respondent Companies respectively Civil Appeal No.
had failed, the disputes in respect of the aforesaid matters were ultimately referred by the Maharashtra Government to Shri P. D. Sawarkar for adjudication under Section 10 1 d read with 12 5 of the Act.
On behalf of the employees it was companytended that the dispute regarding the Foremen or Supervisors who were included in the term subordinate staff was companycluded by the Judgment of the Supreme Court inasmuch as it had dismissed the Appeal in respect of Clerical and subordinate staff.
Ltd. On the 29th April 1958 a charter of demands was presented by the Workmen through their Trade Union Greaves Cotton and Allied Companies Employees Union to the Respondents in the above three Appeals and to Russian Hornby India Pvt.
Ltd. on 30 5 59 and 24 12 59 and that against Kenyon Greaves Pvt.
84, 112 and 121 of 1959.
1241 of 1966 by the Workmen against the Kenyon Greaves Pvt.
1239 of 1966 is against Greaves Cotton Co. Ltd., Civil Appeal No.
After the companyciliation proceedings under sub section 4 of Section 12 of the Industrial Disputes Act 1947 hereinafter called the Act .
It however set aside the wage scale and dearness allowance fixed for factory workmen and remanded the matter to the Tribunal for fresh fixation of wage scale and dearness allowance with these observations We allow the Appeal with respect to the factory workmen and send the case back to the Tribunal for fixing the wage structure including basic wages and dearness allowance and for granting adjustments in the light of the observations by us.
Thereafter the references were heard by Shri Paralkar who had succeeded Shri Athalye as Judge, Industrial Tribunal.
This was companytroverted by the Respondents and by further supplementary written statement dated 16 3 64, each of the Respondent Companies, it is alleged, tried to companyer up and reagents the matter which had already been settled by this Court regarding uniform service companyditions for the entire Greaves Cotton group of Companies on the basis that Greaves Cotton Co., was the principal Company.
When the references were taken up by the Tribunal on remand the parties agreed that in view of the decision of this Court certain 3 76 references stood finally disposed of namely references dated 24th December, 1959 by the Workmen in Greaves Cotton Co. Ltd., and in Greaves Cotton Crompton Parkinson Pvt.
One of the items referred companycerned scales of pay, allowances and sundry matters companynected with the companyditions of service of the three classes, the most important ones being the demand of Class 11 staff claiming a scale companymencing with Rs.
Ltd. The other three which were also held to be finally disposed of were against the Workmen of Ruston Hornby India Pvt.
The Tribunal therefore had jurisdiction to entertain the depute in respect of wage scales and dearness allowance of the Supervisory staff.
After this order the Respondents were asked to file statements regarding companyparative wage scales of Supervisors, in their companycerns as well as in other companycerns.
Ltd. survive.
