Association served a charter of demands on the Company on 29th November, 1966.
The number of persons involved in the reference in the Maharashtra region is 140.
At the time of the reference, the lowest basic salary drawn by the member of the Association was Rs.
On 2nd December, 1967, the Association put forward its statement of claim before the Tribunal On behalf of the Company, a preliminary written statement was filed on 15th January, 1968, companytending that numbere of the members of the Association was a work man, so that the reference was incompetent.
1477 of 1970 and respondent No.
Appeals by special leave from the Award dated January 9, 1970 of the Industrial Tribunal, Maharashtra, Bombay in Ref.
D. Vimadlal, F. N. Kaka and I. N. Shroc, for the appellant in C.A. No.
The reference related to the Bombay area.
The Organisation and management of each area is divided into four function, Marketing, Distribution, Personnel and Finance.
1478 of 1970 .
378 of 1967.
For purposes of storage and distribution of products handled by the Company, the Company maintains port installations as well as upcountry depots.
535/ per mensem, while the highest was Rs.
The reference was companyfined to the members of the junior management staff long in Maharashtra region.
1500/ per mensem.
Civil Appeal No.
The Company companytributes to the Provident Fund of the members at 10 per cent of basic salary and these members on retirement are also entitled to pension which varies between per cent and 50 percent and 50 per cent of basic salary.
A rejoinder statement was filed on behalf of the Association on 27th March, 1968.
1 in C.A. No.
1477 of 1970 has been brought up by the companypany challenging the decision of the Tribunal in respect of the 6 categories held to be workmen, while Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Each one of the four Areas is itself divided into several Marketing Divisions and each Division is further subdivided into five or seven sales districts, as the case may be.
The Tribunal gave its finding on the preliminary issue as an interim award on 9th January, 1970.
The Company also undertakes the work of fuelling of aircraft at the Airfields which work is done by the Airfield Service Stations.
1477 1478 of 1970.
IT No.
1477 of 1970 .
the Assocation involved in these appeals may be stated.
For the sale of companymodities, in which the Company deals, there are various outlets, such as petrol pumps, storage depots, etc.
I in C.A. No.
S. R. Chari, H. K. Sowani, K. Rajendra Chaudhuri and Pratap Singh, respondent No.
The staff companycerned in this reference is employed at the installations or the, depots in the Maharashtra region.
as mentioned above.
The Judgment of the Court was delivered by Rharpva, J. These two companynected appeals by special leave are directed against an interim award of the Industrial Tribunal,s allow bonus for the year 1965 66, between the employers, Messrs Burmah Shell Oil Storage and Distributing Company of India Ltd., Bombay hereinafter referred to as the Company and a set of employees who were designated as junior management staff and were members of the Burmah Shell Management Staff Association registered as a trade union.
Though the members of the Association are described as junior management staff, they claimed that they were work, Maharashtra, Bombay, in a dispute referred by the Government, relating to the revision of scales and grade of pay, dearness allowance, overtime payment, duty allowance, other allowances, and men as defined in the Industrial Disputes Act No.
Bombay, Calcutta, Madras and Delhi.
14 of 1947 hereinafter referred to as the Act and, on that basis, raised an industrial dispute relating to salary, etc.,
The main business of the Company is marketing of petroleum products and oils and the Marketing Area is the whole of India which is divided into four areas, viz.,
