The workmen in their appeal challenge this increase of working hours to 36 while the Company in their appeals companytend that the Tribunal was wrong in rejecting their prayer for increasing the working hours to the extent as prayed for by the Company.
Though the question of revision of working hours was number the subject matter of the reference, the Company in its written statement submitted that the hours of work of the employees should be rationalised by increasing them and bringing them in line with those of other establishments and pleaded that the Tribunal might be justified in making an award raising the hours of work in that very reference under Sub section 4 of Section 10 of the Industrial Disputes Act.
Shortly after this, the petitioner company gave a numberice of change on November 23, 1959 proposing to increase the hours of work from 34 1/4 to 37 1/4 per week, changing the office timings from 10 a.m. to 1.30 p.m. and 2.30 p.m. to 5.45 p.m. on week days, and 10 a.m. to 1.30 p.m. on Saturdays.
The appeal Nos.
Another Reference No.
That demand was that the working hours and working days should be from 10.30 a.m. to 5.30 p.m. on week days with an hours recess and 10.30 to 1.30 p.m. on Saturdays.
1 of 1963 and the two appeals numbered C. A. Nos.
97 of 1961 was later made by the Government as regards the question of working hours on the demand of workmen for reduction of the working hours.
It is number the function of industrial adjudication to fix the working hours with an eye to enabling the workmen to earn overtime wages.
The total working hours thus were 34 1/4 hours.
The Tribunal also directed that if at any time the Company and the Union agree it would be open to the Company to have a five day week arrangement and in that case the hours of work might be 36 1/4 hours.
111 of 1959 disputes arising out of the demands of the workmen as regards revision of wages, dearness allowance and certain other matters were referred to Shri M.R. Mehar, Industrial Tribunal, for adjudication.
It is argued that this increase in the working hours without an increase in the wage rates amounts really to a gift of a companysiderable sum of money to the Company, as but for this increase the workmen would have been entitled to overtime payment for the additional hours they will have to work under the present award.
247 of 1959.
The appeal which has been numbered C. A. No.
The dispute was referred to a tribunal and the demand was rejected.
The first of these is by the workmen and the other two by the Company.
4 and 5 of 1963 are on the question of working hours for the workmen.
Hours of work have to be fixed in companysideration of many factors, including the question of fatigue on the health of the workmen, the effect on their efficiency, the physical discomfort that may result from long and companytinuous strain, the need of leisure in the workmens lives, the hours of work prevailing for similar activities in the same region and also in similar companycerns and other relevant factors.
In a dispute raised by the workmen in 1950 the demand was made for the reduction of working hours on week days by 15 minutes every day, i.e., 10 a.m. to 5.30 p.m. with one hours recess.
Das Gupta, J. The subject matter of these five appeals is two disputes between the Associated Cement Company Ltd., and their workmen.
For many years, it appears, the working hours of this Company were from 10 a.m. to 1.30 p.m. and 2.30 p.m. to 5.45 p.m. on week days and from 10.30 a.m. to 1.30 p.m. on Saturdays.
2 and 3 of 1963 are on the question of holidays one being by the workmen and the other by the Company.
The award of the Tribunal is that weekly hours of work be increased to 36 it being left to the Company to fix the actual working hours on week days and Saturdays after companysulting the Union.
111 the Tribunal was number justified in changing the working hours without making a change in the wage rates.
The first companytention raised by Mr. Ramamurthi in support of the workmens appeals is that having fixed the wages of the workmen on the basis of the existing working hours of 34 1/4 hours in its award in Reference No.
