The Tribunal also granted the benefits retorspectively with effect from 1St February, 1969.
The Tribunal also granted for every rise of 10 points or part thereof, above the index bracket 621 630, dearness allowance at the rate of 10 paise per day.
The Sabha, therefore, claimed I, revision of the wages of both the categories.
In the written statement filed before the Court the Sabha stated in paragraphs 5 and 6 as follows The present wages of both the piece rated and time rated workers are excessively low and are much lower than those companysidered to be the absolute minimum payable by any employer to his workers in the Bombay Region.
The appellant resisted the claim.
The Tribunal had before it a statement Ext.
1/ per day ill the wages of the workers getting Rs.
Award dated the 29th January, 1970 of the Industrial Court, Maharashtra, Bombay, in reference IC No.
The demands are excessive and the appellant cannot bear the additional burden arising out of these demands.
The next group serial Nos.
22 Rs.
4.60 per day and Rs.
The appellant submitted from certain Gazette Notifications the minimum rates of wages prescribed by the State Government in case of some eight different industries between the years 1969 and 1972 where the monthly wages have been fixed between Rs.
The Tribunal also observed that the wages paid to the employees on the piece rate and the timerate are very low and require revision, The appellant wanted the Tribunal to follow the wage scale of William Industries submitted by the appellant as per Ext.
K. Swami, P. H. Parekh and S. Bhandare, for the respon dent.
10120 per day and are adequate.
That firm again was companystituted and companymenced business on and from 15th December, 1963, after the dissolution of India Hosiery Factory on 14th December, 1963, due to differences amongst the partners.
The appellant emphasises that the Tribunal absolutely ignored the aspect of the capacity of the appellant to bear the burden of the additional rise in wages on account of this award.
B. Pai, Prakash Mehta, O. C. Mathur and P. C. Bhartari, for the appellant.
6/ to Rs.
5/ per day as a reasonable and fair minimum wage to the Stretch on employees of the lowest category in the Consumers Price Index bracket 621 630.
5/ per day in the Index bracket 621 630.
5/ per day.
The appellant submits that there is numberjustification whatsoever for allowing the present increase of wages without following any principle and even higher than the statutory minimum wage fixed in respect of other industries in the, State.
5.50 per day in the same bracket, serial Nos.
2,28,000/ in 1967 and Rs.
90/ and Rs.
56,022/per year.
8.50 per day in the aforesaid bracket.
They also claimed the benefits retrospectively from 1st June, 1968.
2.50 per fay respectively.
128/ per month.
It is registered with the Maharashtra State Directorate of Industries as a small scale industry.
C 2 filed by the appellant showing the number of employees receiving wages below Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ltd. was made in 1966 within three years of its functioning from 15th December, 1963, and before the Industrial Court in that case profit and loss accounts for the years 1963 64 and 1964 65 were made available.
Prior to April 1967, all the partners of the appellant were partners of a firm known as M s. Hindustan Hosiery Factory.
The Sabha submitted its statement of claim on 14th February, 1969.
1,88,000/ in 1968.
The Tribunal found that during the period of 20 months since April, 1967, the appellant has earned a profit of Rs.1,51,000/ in eight months of 1967 and Rs.
The Sabha, on the other hand, companytended that the appellant was more prosperous than Stretchlon Private Ltd. and produced an award of the Industrial Court in the case of Stretchlon Private Ltd. dated 10th April, 1967, published in the Maharashtra Gazette of 11th May, 1967.
There was a .reference by the Mill Mazdoor Sabha, Bombay briefly the Sabha under section 73A of the Bombay Industrial Relations Act, 1946, in pursuance of a numberice of change dated 22nd August, 1968.
The firm manufactures and sells nylon and hosiery goods such as socks, undergarments, and the like.
5/ per day, another statement Ext.
5/ per day or less and an increase of 50 paise per day in the wages of the workers getting more than Rs.
The appellant has in its employment about 250 workers.
Appeal by Special Leave from the.
The appellant was prepared to allow this increase which would have imposed an additional burden of Rs.
23 Rs.
548 of 1970.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave is directed against an award of the Industrial Court, Maharashtra hereinafter referred to for brevity as the Tribunal of 29th January,.
7.50 per day and serial No.
The appellant started its business on 17th April, 1967.
2 of 1969.
These profits are after deduction of depreciation, interest and bonus.
It appears that the appellant is a partnership firm which was companystituted and companymenced production in April 1967.
14 to 19 were given Rs.
The Tribunal found from the statement, Ext.
But the Tribunal in the absence of any details with regard to the financial position of that companypany or its profit making capacity, did number companysider it appropriate to companysider that as a companyparable unit.
By that settlement, the said partnership firm companystituted by the other group of partners of Hindustan Hosiery factory agreed with the Sabha to give an increase of Re.
The Sabha also demanded dearness allowance of 10 paise per day for every rise of 10 points or part thereof above the said siab.
20 21 were given Rs.
3,42,000/ in 1968 was prosperous and its financial position was sound.
The appellant also submitted that the Tribunal ought number to have ignored the settlement with regard to wage arrived at by the Hindustan Hosiery Mills with the Sabha.
7/ per day, serial No.
The Sabha demanded revised basic wages for the time rated workmen of several categories and also a rise of 50 in the wage of the piece rated workers in the Consumers Price Index bracket 621 636 old series .
C 3 with regard to the other employees and also the books filed by the appellant and observed that many of the piece rated and time rated employees got as low a wage as Rs.
U 1, filed by the Sabha regarding its financial position that the appellant earned substantial profits in the period of 8 months In 1967 and in 1968.
With regard to the claim for 50 rise in piece rates, the Tribunal only granted 30 in the Index bracket 621 630 and the same dearness allowance as above.
