WORKMEN OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED Vs. MANAGEMENT OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED

JUDGEMENT

(1.) The appellants are the workmen of the Bangalore Woollen, Cotton and Silk Mills Co., Ltd. and this Company is the respondent in his appeal.

(2.) In or about 1951, certain disputes had cropped up between the parties which had been referred to an Industrial Tribunal for adjudication under the Industrial Disputes Act, 1947, hereafter called the principal Act. One of the disputes so referred concerned "payment of bonus at the rate of one month's pay for every year to all workers with long service but discharged as being no longer required." On December 4, 1952, the Tribunal made its award deciding this question against the workmen and holding at the demand was not justified in view of the amenities provided by the management. The workmen went up in appeal against this decision to the Labour Appellate Tribunal. While the appeal was pending there, Ordinance No. 5 of 1958 was promulgated by the President and by this Ordinance the Industrial Disputes Act, 1947 was amended by the addition of certain sections to it providing for compensation for lay-off and retrenchment. This Ordinance came into force on October 24, 1953. Thereafter the parties settled the appeal pending before the Labour Appellate Tribunal and filed a joint memorandum of compromise. The Labour Appellate Tribunal on December 18, 1958, passed orders disposing of the appeal in terms of the aforesaid compromise. Clause 5 of the memorandum which was incorporated in the award of the Labour Appellate Tribunal was in these terms:-

(3.) Soon after this award a dispute arose between the workmen and the Company as to whether sixty workmen whose services with the Company had come to end for various reasons were entitled to payment in terms of the award of December 18, 1953 Of these sixty workmen thirty-seven had been discharged by the Company on account of old age and inefficiency but without any official enquiry as to their health. The Company agreed to and did pay these persons certain moneys under the award of December 18, 1958. The dispute concerning them therefore no longer survived. That left twenty-three persons. Of these twenty-three one had been dismissed for misconduct, another had been discharged before January 1, 1953, four had resigned, seven had died and the remaining ten had been discharged on grounds of health after proper medical examination. The workmen contended that these twenty-three persons were all entitled to payment under the aforesaid award. The Company however refused to accede to this contention.