MANAGEMENT OF WENGER AND CO Vs. THEIR WORKMEN

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) AN industrial dispute arising out of ten demands made by the employees against 13 Hotel and Restaurant institutions in New Delhi, was referred by the Chief Commissioner, Delhi to the Industrial tribunal for adjudication. Reference in Ii. D. No. 581 of 1959 which was made on 9/09/1959, included two Hotels-Claridge's Hotel and Nirula Hotel-, whereas reference in I. D. No. 620/1959 which related to United Coffee House was made on 12/12/1959. These two references were consolidated by the tribunal and were heard together. Out of the demands made by the employees, three demands were rejected by the tribunal ; they were demands Nos. 4, 9 and 10. Demand No. 4 was in regard to medical treatment, No. 9 was in regard to the revision of the hours of work of Chowkidars and No. 10 was in regard to the recognition or appointment of central Negotiating Committee on Association or Union level. The other demands have been partially allowed. The principal amongst these demands were a claim for a wage structure with adequate provision for increment in scales, provision for Provident Fund and Gratuity and Bonus for the years 1956-57, '57-58 and 58-59. There were, other subsidiary demands to which reference would be made later. The award pronounced by the tribunal in these two references has given rise to four appeals by special leave before this court. Appeals Nos. 609-610,/1962 have been preferred by the employers, whereas appeals Nos. 622 and 623/1962 have been filed by the employees.

(3.) THE tribunal then proceeded to consider the vexed question about the construction of a suitable wage structure, and in dealing with this problem, the tribunal first examined the point as to what should be the minimum wage in those concerns. It appears that before the tribunal it was conceded by the managements that the total pay packet in the case of Hotels should be Rs. 70.00 p.m. inclusive of service charges and in respect of Restaurants Rs. 60.00 p.m. he tribunal came to the conclusion that, on the whole, it would be fair and reasonable if the minimum total wage packet includes Rs. 65.00 p.m. Rs. 30.00 being the minimum basic wage and Rs. 351.00 being a flat dearness allowance payable to each one of the employees. Having thus determined the minimum content of the total wage packet, the tribunal took into account the fact that several establishments gave food and accommodation to some of their employees and it has accordingly directed that for food Rs. 15.00 should be deducted from the D. A. for accommodation Rs. 5.00 should be deducted and Rs. 7.00 or Rs. 3/50 nP. should be deducted for tea according as tea was given twice or once. In other words, having fixed the flat rate of Rs. 35.00 for the payment of D.A. the tribunal provided for appropriate deductions for amenities which the employers gave to their employees in this trade.