By a letter dated 2nd/5th July, 1973, to the President, Bombay General Kamgar Sabha, who was incidentally the same V.S. Pandit who had earlier submitted the written statement in behalf of the Mumbai Mazdoor Sabha, the companypany granted recognition to the Bombay General Kamgar Sabha and informed the 2nd respondent of its derecognition.
The 3rd respondent applied to this Court to be substi tuted if place of the 2nd respondent and the Other union.
Grade II B Semi skilled 1.40 0.15 3.20 do A Semi skilled 1 60 0.30 3.60 do Grade III 1.80 0.20 2.80 0.25 4.80 do Skilled The companypany preferred an application for special leave to this Court on May 12, 1970, against the award.
5/ per day irrespective of the index figures.
2 did number lead any evidence before the Tribunal Shri L. Bhojwani .
On October 18, 1973, the companypany entered into a memorandum of settlement with the Bombay General Kamgar Sabha which was in substitution of the award which was pending appeal before this Court.
12 2.50 Textile dearness allowance.
Parties should be allowed to lead evidence.
On February 22, 1973, the companypany agreed to increase the dearness allowance further by 80 paise with effect from January 1, 1973.
2 with a companyy to the companypany enclosing a letter signed by the workers stating that they had resigned from the 2nd respondent union.
On June 25, 1973, the 3rd respondent sent a reminder to the companypany to recognise the Bombay General Kamgar Sabha.
The appellant and respondent No.
On June 7, 1973, the 3rd respondent sent a companymunication to the respondent No.
Certain documents were also filed before the Tribunal by the parties.
Copies of this settlement were forwarded to the Secretary to the Government of Maharashtra, Industries and Labour Department, the Commissioner of Labour, the Deputy Commissioner of Labour and the Conciliation Officer.
V. Kaka, F.A.K. Faisulla Bhai, O.C. Mathur and D. N Mishra for the Appellant.
On June 7, 1973, a letter was received by the companypany from the 3rd respondent, Bombay General Kamgar Sabha, stating that all the workers of the companypany had resigned from the 2nd respondent union Mumbai Mazdoor Sabha and joined the 3rd respondent union.
From the Award dated 4/6.3.1970 of the Industrial Tribunal Maharashtra in Ref.
On May 25, 1970, certain companysent terms for staying the award were filed by the parties without prejudice to the rights in the appeal whereby the companypany agreed to pay Rs.
2.50 as addi tional dearness allowance per day from October 1, 1968.
with one voice, have as sailed the findings 1 to 3 whereas the 2nd respondent has supported all the findings.
The companypany and the 3rd respondent, on the other hand, examined 7 witnesses including V.S. Pandit, the President of the 3rd respondent union.
D. Damania and B.R.Agarwala for Respondent No.
3 1458SCI/76 The Tribunal Shri R.D. Tulpule made its award on March 4, 1970.
When the matter went back, it appears that respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S. Chitale, P.H. Parekh and Miss Manjit Jelley, for Respondent No.
From June 1973 certain new developments took place.
1.25 0.10 2.25 Semi skilled Rs.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of companylective bargaining which is the forte of a union, is sought to be made a flop.
As regards the demand for wages and dearness allowance, the award of Tribunal was as follows Grade I Rs Plus Revised Unskilled 1.30 0.
It was stated that the companypany had been making losses year after year since 1963 64 During the pendency of the dispute before the Tribunal, D P Products Private Limited was amalgamated .with Herbertsons Ltd. the appellant hereinafter to be de scribed as the companypany with effect from 1.10.1968 under the provisions of the Companies Act by an order of the Bombay High Court dated 6th January, 1969.
Gazette, Part I L dated 16 4 1970 .
158/67, published in Maharashtra Govt.
1.50 0.15 3.00 Dearness allowance Rs.
I.T. No.
The demand of the workmen on the other hand was as follows.
After the finding is received, the appeal would be set down for hearing.
The wage scales existing at the time.
This Court admitted the special leave petition and posted the stay application for hearing on September 24, 1970, on which date in modification of the earlier stay order the parties further agreed that from 1st September, 1970, till the disposal of the appeal, the total dearness allowance would be calculated at Rs.
of the reference were as follows Unskilled Rs.
1901 of 1970.
