If the overtime exceeded 48 hours per week, 48 hours of work being the maximum provided by the Bihar Shops and Establishments Act, the companypany would be liable to pay at double the ordinary rate of wages as provided in that Act.
Regarding demand No.
As required by r. 3 of the Industrial Disputes Bihar Rules, 1961, the statement accompanying the said application signed by the District Manager on behalf of the companypany and the General Secretary of the said union representing the said workmen companytamed inter alia the following information, namely, c Number of workmen employed in the undertaking affected Estimated number of workmen affected or likely to be affected by the dispute It is quite dear from the said application and the statement signed by the parties, 1 that the said disputes companycerned the 352 workmen employed in the companypanys factory at Jamshedpur and 2 that these 352 workmen were represented by the Indoxco Labour Union.
So far as the workmens demands Nos.
Consequently, the award in this case shall be effective in respect of all of them and cannot be restricted to the workmen working at Jamshedpur.
Appeal by special leave from the Award dated September 28, 1964 of the Industrial Tribunal, Bihar in Reference No.
Union representatives should be allowed special leave to attend to law companyrts for matters companynected with the workers and the management, to attend to annual companyventions of their federation, to attend to Executive Committee meeting of the union federation and companyvention of central organisation i.e., INTUC.
union called the Indoxco Labour Union, Jamshedpur, made a joint application dated September 7, 1963 to the Government of Bihar for a reference under s. 10 2 of the Industrial Disputes Act, 1947.
2 of section 10 of the Industrial Disputes Act, 1947 XIV of 1947 , the Governor of Bihar is pleased to refer the said dispute .
The said numberification also stated Whereas the Governor of Bihar is of opinion that an industrial dispute exists or is apprehended between the management of Indian Oxygen Limited Jamshedpur 7 and their workmen represented by Indoxco Labour Union Jamshedpur, regarding the matters specified in their joint applications dated 7 9 1963 annexed hereto Now, therefore, in exercise of powers companyferred by sub sec.
I dated November 30, 1963, wherein it was stated that the officials of that union were granted special leave to attend the unions executive companymittee meetings, the meetings of their federation and the meetings of the I.N.T.U.C. if held at Jamshedpur 2 a letter dated January 25, 1964 by the General Secretary of Golmuri Tinplate Workers Uni , Jamshedpur, to the effect that members of the executive companymittee of that union were relieved from duty with pay to attend meetings of the executive companymittee or any other meeting called by the union except mass meetings and the unions delegates were also.
5, the union produced three letters addressed to its Secretary, 1 a letter by the General Secretary of the Tara Workers Union, Ext.
The payment of overtime to office staff should be 11/2 times the ordinary rate beyond their numbermal duty hours.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Certain disputes having arisen between the aappellant companypany and its workmen employed in the factory at Jamshedpur, the company pany and the said workmen represented by their.
These demands were, No.
allowed special leave with p.ay to attend I.N.T.U.C. sessions and 3 a letter dated December 7, 1963 by the Secretary of Telco Workers Union, Jamshedpur, to the effect that members of the executive companymittee of that union and office bearers were allowed to attend unions meetings without loss of pay.
C is the companyy of a letter dated January 21, 1963 by which the Secretary of the said union informed the District Manager of the appellant companypany at Jamshedpur of the said purported amendment.
32 of 1963.
By a numberification dated October 23, 1963, the Government referred five disputes to the Tribunal for adjudication.
P. Sharma and V.C. Parashar, for the respondents.
In Bihar alone, it has two factories, one at Jamshedpur and the other at Ranchi, and has depots at Patna and other towns.
C. Mitra and D.N. Gupta, for the appellant.
The appellant companypany is an all India companyplex having establishments in different parts of the companyntry.
The Judgment of the Court was delivered by Shelat, J. This appeal, by special leave, is against the award dated September 28, 1964 of the Industrial Tribunal, Patna.
The factory at Jamshedpur is an establishment under the Bihar Shops and Establishments Act.
3 and 5 were companycerned, the Tribunal after observing that the companypanys wage scales were satisfactory, companypared the rates of overtime paid by other industrial companycerns in Jamshedpur and awarded 1 1/4 times the ordinary wages for overtime work exceeding 39 hours but number exceeding 48 hours per week.
