KIRLOSKAR OIL ENGINES LIMITED KIRKEE Vs. WORKMEN

JUDGEMENT

(1.) This appeal by special leave arises out of the proceedings taken at the instance of the appellant, the Kirloskar Oil Engines Ltd., Kirkee, Poona, under S. 36A of the Industrial Disputes Act, 1947 (14 of 1947) (hereafter called the Act). It appears that certain disputes pending between the appellant and the respondents, its workmen, were referred to the industrial tribunal for its adjudication by the Government of Maharashtra. The disputes in question related to seven demands made by the respondents:two of these were in regard to privilege leave and allowances. The tribunal which tried the dispute made its award in two parts. Part 1 of the award which dealt with the demand of privilege leave and different kinds of allowances was made on June 30, 1958, and published on July 17, 1958. On August 2, 1958, the appellant applied to the State Government for reference of certain points to the tribunal for its clarification under S. 36A. Accordingly an order of reference was made in respect of the two items of privilege leave and allowances. The tribunal has made the necessary clarification in regard to its direction as to privilege leave. It has, however, held that the direction made by it for the payment to the workmen under Para. 14 its award needed no clarification. It held that in substance the appellant was seeking for a modification of the said direction and that could not be done in the clarification proceedings contemplated by S. 36A. The clarification award was thus made by the tribunal and submitted to the Government. It is against this award that the appellant has come to this Court by special leave.

(2.) It would be convenient at his stage to indicate briefly the nature of the clarification claimed by the appellant before the tribunal. In regard to the claim for privilege leave the original award by Para. 10 had directed as follows.

(3.) In regard to the second point on which clarification was sought the relevant direction in the award reads thus: