FEDERATION OF SMALL AND MEDIUM INDUSTRIES Vs. WORKMEN

JUDGEMENT

(1.) In all these four appeals, the various Industries concerned challenge the award of the Industrial Tribunal dated December 31, 1966, fixing the wages and dearness allowance and also giving certain directions regarding festival holidays.

(2.) The reference itself was in 1962; but final award was made only in 1966, and unfortunately this matter has been pending for so many years. According to the appellants, the Tribunal has really fixed fair wages. In support of this contention, it is urged by the learned counsel, Mr. D. N. Mukherjee, that the Tribunal has not taken into account the various material matters as laid down by this Court, such as the paying capacity of the Industry as well as the wages paid in region by the units which are comparable with the appellants. On the other hand, it is the contention of Mr. Janardan Sharma, learned counsel for the unions, that what has been fixed by the tribunal is not fair wages but only minimum wage and hence it was not necessary to consider the paying capacity of the industry.

(3.) We have been taken through the various reasons given by the tribunal. It is not however quite clear from the award whether the tribunal was fixing minimum wages or fair wages. In fact, certain observations contained in the award lead us to believe that the tribunal was really fixing fair wages. If that is so, it was obligatory on the part of the tribunal to consider one of the essential circumstances, namely, the paying capacity of the industries. Admittedly, that has not been done by the tribunal.