The salt is manufactured number from sea water but from rain water which soaking down the surface becomes impregnated with saline matter.
Then the agarias companymence their work.
By their judgment dated January 8, 1954, the learned Judges of the High Court agreed with the decision of the Industrial Tribunal that the agarias were workmen within s. 2 .s of the Act and, accordingly, dismissed the application for writ.
The agarias work themselves with their families on the pattas allotted to them.
133 1 c of the Constitution and that is how the appeal companyes before us.
There are numberrules as regards leave or holidays.
In about 1950, disputes arose between the agarias and the appellants as to the companyditions under which the agarias should be engaged by the appellants in the manufacture of salt.
Each agaria is allotted a patta and in general the same patta is allotted to the same agaria year after year.
Pending the disposal of this writ petition, the appellants obtained stay of further proceedings before the Industrial Tribunal and in view of the same the Labour Appellate Tribunal passed an order on September 27, 1953, dismissing the appeal leaving the question raised therein to the decision of the High Court.
Against this order the appellants preferred an appeal being Appeal No.
85 of 1956.
If the patta is extensive it is allotted to two agarias who work the same in partnership.
Appeal from the judgment and order dated January 8, 1954, of the High Court of Saurashtra, at Rajkot, in Civil Misc.
Then the density of the water in the wells is examined by the Salt Superintendent of the appellants and then the brine is brought to the surface and companylected in the reservoirs called companydensers and re tained therein until it acquires by natural process a certain amount of density.
Then it is flowed into the pattas and kept there until it gets transformed into crystals.
The appellants companytested the proceedings on the ground, inter alia, that the status of the agarias was that of independent companytractors and number of workmen and that the State was number companypetent to refer their disputes for adjudication under s. 10 of the Act.
The Government of Saurashtra, by its letter of Reference dated November 5, 1951, referred the disputes for adjudication to the Industrial Tribunal, Saurashtra State, Rajkot.
400/ for each of the pattas and that is to meet the initial expenses.
At the time of such allotment, the appellants pay a sum of Rs.
Then the entire area is parceled out into plots called pattas and they are in four parallel rows intersected by the railway lines.
The appellants do number prescribe any hours of work for these agarias.
The operations are seasonal in character and companymence sometime in October at the close of the monsoon.
CIVIL APPELLATE JURISDICTION CiVil Appeal No.
They level the lands and enclose and sink wells in them.
226 and 227 of the Constitution for an appropriate writ to quash the reference dated November 5, 1951, on the ground that it was without jurisdiction.
The pans have got to be prepared by the agarias according to certain standards and they are tested by the Salt Superintendent.
Salt which is rejected belongs to the appellants and the agarias cannot either remove the salt manufactured by them or sell it.
They are free to go out of the works as they like provided they make satisfactory arrangements for the manufacture of salt.
The facts as found by the Industrial Tribunal are number in dispute and are as follows.
The manufacturing season companyes to an end in June when the monsoon begins and then the agarias return to their villages and take up agricultural work.
They also maintain a grocery shop near the Salt Works where the agarias can purchase their requirements on credit.
On a final settlement of the accounts, the amount due by the appellants to the agarias is ascertained and such balance is paid by the appellants to the agarias.
No muster roll is maintained by them number do they companytrol how many hours in a day and for how many days in a month the agarias should work.
J. Kolah and A. C. Dave, for the appellant.
Application No.
The appellants maintain a a railway line and sidings and also have arrangements for storage of drinking water.
Porus A. Mehta and R. H. Dhebar, for respondent No.
70 of 1952.
70 of 1952 under Arts.
The appellants are lessees of the Salt Works from the erstwhile State of Dharangadhara and also hold a licence for the manufacture of salt on the land.
They are free to engage extra labour but it is they who make the payments to these labourers and the appellants have numberhing to do with the same.
This question was tried as a preliminary issue and by its order dated August 30, 1952, the Tribunal held that the agarias were workmen within the meaning of the Act and that the reference was intra vires and adjourned the matter for hearing on the merits.
The account is made up at the end of the season when the advances which have been paid to them from time to time as also the amounts due from the agarias to the grocery shop are taken into account.
302 of 1952, before the Labour Appellate Tribunal of India, and having failed to obtain stay of further proceedings before the Industrial Tribunal pending the appeal, they moved the High Court of Saurashtra in M.P. No.
The Judgment of the Court was, delivered by BHAGWATI J. This appeal with a certificate of fitness granted by the High Court of Saurashtra raises an interesting question whether the agarias working in the Salt Works at Kuda in the Rann of Cutch are workmen within the meaning of the term as defined in the Industrial Disputes Act, 1947, hereinafter referred to as the Act.
They, however, granted a certificate under Art.
November 23.
The appellants require salt for the manufacture of certain chemicals and part of the salt manufactured at the Salt Works is utilised by the appellants in the manufacturing process in the Chemical Works at Dharangadhara and the remaining salt is sold to outsiders.
The appellants employ a Salt Superintendent who is in charge of the Salt Works and generally supervises the Works and the manufacture of salt carried on there.
