FILMISTAN PRIVATE LIMITED Vs. WORKMEN

JUDGEMENT

(1.) In this appeal, by special leave, Mr. G. B. Pai, learned Counsel for the appellant, challenges the award dated 10/11/1966, of the Industrial tribunal, Maharashtra, Bombay, in Reference (IT) 334 of 1958. There were as many as eight demands referred for adjudication to the tribunal. Demands 4 and 5 related to the increment in the wage scale as well as Dearness Allowance.

(2.) The Industrial tribunal, on 25/06/1962, passed an award, dealing with all these disputes and 'it fixed also the wage scale and Dearness allowance. The appellant came to this court, by special leave, in Civil appeal 159 of 1965. The points that were urged before this court, in the said appeal, on behalf of the management, were that the tribunal while fixing the wage and Dearness Allowance, did not have due regard to the various principles laid down by this court regarding the factors to be taken into account in fixing wage scale and Dearness Allowance. 'in particular, it was also pressed before this court that the tribunal committed an error in comparing the appellant with Rajkamal Kala Mandir. According to the appellant) the said Raj Kamal Kala Mandir was a very prosperous concern, and the comparison made by the tribunal of the appellant with that concern, was not proper, It was also pointed out by the management, in that appeal, that there were two other concerns, Filmalaya Private Ltd. , and Famous cine Laboratories and Studios, which should have been taken into account by the tribunal for purposes of comparison.

(3.) This court, in its judgment dated 4/11/1965, pointed out as many as six or seven infirmities in the award of the tribunal. The view of this court was that the tribunal, when it fixed the wage scale, did not properly consider the financial capacity of the appellant. Nor did it consider the various balance-sheets filed by it, as well as the additional financial burden that the company will have to bear if the award was to be given effect to. This court had also referred to the contention raised on behalf of the management regarding the two other comparable concerns. In view of the infirmities, pointed out in the judgment, this court was of the view that there had been no proper consideration by the tribunal regarding the financial capacity of the appellant and other relevant factors, when it fixed the wage scale. Ultimately by judgment dated 4/11/1965, this court remanded the proceedings to the tribunal for being considered afresh.