WORKMEN Vs. GREAVES COTTON AND COMPANY LIMITED

JUDGEMENT

(1.) THESE three Appeals are by the Workmen of the three Respondent Companies respectively - Civil Appeal No. 1239 of 1966 is against Greaves Cotton and Co. Ltd., Civil Appeal No. 1240 of 1966 is against Greaves Cotton and Crompton Parkinson Pvt. Ltd., (later amalgamated in 1966 and a new Company formed as Crompton Greaves Ltd.,), and Civil Appeal No. 1241 of 1966 is against Kenyon Greaves Pvt. Ltd.

(2.) ON the 29/04/1958 a charter of demands was presented by the Workmen through their Trade Union Greaves Cotton and allied Companies employees' Union to the Respondents in the above three Appeals and to Ruston and Hornby India Pvt. Ltd. These demands were in respect of the wage scale, dearness allowance, leave gratuity etc. After the conciliation proceedings under sub-sec. (4) of S. 12 of the Industrial Disputes Act 1947 (hereinafter called the 'Act') had failed the disputes in respect of the aforesaid matters were ultimately referred by the Maharashtra Government to Shri P. D. Sawarkar for adjudication under Sec. 10 (1) (d) read with S. 12 (5) of the Act. In respect of demands made against Greaves Cotton and Co. Ltd., the reference was made on 8-4-59 and 24-12-59; against Greaves Cotton and Crompton Parkinson Pvt. Ltd., on 30-5-59 and 24-12-59 and that against Kenyon Greaves Pvt. Ltd., on 8-6-59 and 9-1-60 respectively. We are here not concerned with the other references. By an Award dated 3rd June, 15th and 16/06/1960 the Sawarkar Tribunal revised the wage scales and dearness allowance of all workmen employed by those Companies. Ruston and Hornby India Pvt. Ltd. appealed against the Awards to this Court which by a common judgment dated 14/11/1963 held that the wage scale and dearness allowance fixed by the Industrial Tribunal for the clerical and subordinate staff did not require any interference and to that extent dismissed the appeal. It however set aside the wage scale and dearness allowance fixed for factory workmen and remanded the matter to the Tribunal for fresh fixation of wage scale and dearness allowance with these observation:

(3.) AT the outset it was conceded by the Parties that Civil Appeal No. 1241 of 1966 by the Workmen against the Kenyon Greaves Pvt. Ltd. did not survive because there are no persons working in the Supervisory capacities and drawing less than Rs. 500.00 being the two conditions requisite under Section 2 (s) (iv) of the Act to be a 'Workman' the non-fulfilment of which would deprive the Tribunal of its jurisdiction to determine the dispute; and therefore the appeal has to be dismissed.