BHAGABAND COLLIERY Vs. THEIR WORKMEN

JUDGEMENT

(1.) This is an appeal by special leave against the award made by the central government Industrial tribunal, Dbanbad, In a reference made toll by the government of India, Ministry of Labour and Employment, by order No. LB. 11/1 (47) /59 dated 13/08/1959 and S. 10 (1) W of the Industrial Disputes Act, 1947 (14 of 1917). The Issue which was referred for adjudication is as follows:

(2.) The relevant facts may be shortly stated that. Borrea Coal Company, Lid. , are the owners of Bhagaband Colliery and F. W. Heilgers and Co. (Private) , Ltd. , are the managing agents In the said colliery. There are "miners' sirdars " who are paid what Is known as " sirdari commission. " On 31/03/1959 the managing agents (hereinafter referred to as the company) terminated the sardari commission of the nine sirdars whose names are set oat above with effect from 20/04/1959 on the ground that these sidars were receiving the said commission without performing any corresponding duties and obligations.

(3.) It may be mentioned that It was the practice In the past to recruit labour for the collieries through sirdars because the labour used to be migratory. The sirdars reoralted and supplied the labour were commission on the output of the labour force sapplled by them. Some of the sirdars ased, la addition, to carry oat the duty of supervision. Sometimes this duty was performed by them voluntarily while sometimes It wag imposed on them by the management. Thelatter class of sirdars were known as working sirdars It is the case of the respondents that they are working sirdars.