SONE VALLEY PORTLAND CEMENT CO Vs. WORKMEN

JUDGEMENT

(1.) THIS is an appeal by special leave form an award of a National Tribunal under an order of reference reading:

(2.) THE-cement producers involved were 14 in number set out in Schedule I to the said Order. Out of the total, the Tribunal was not called upon to go into the cases of five cement producers as they had not received any incentive payment and the demand in respect of these five companies was dismissed. Even out of the nine left, three of the producers entered into settlements with their workers as a result whereof the cases of six only are left for consideration. THE names of the companies and the incentive payments involved in this appeal are as under :- <FRM>JUDGEMENT_727_3_1972Html1.htm</FRM>

(3.) IT appears that Cement Control Order of 1961 was further amended from time to time. By an order dated 31/05/1963 which was to come into force on 1/06/1963 and the Schedule below Paragraph A of the Schedule was amended increasing the price in cases where cement producers could charge the Corporation rupees 69-50 per ton to rupees 72-25 per ton while India Cement Ltd., Kalyanpur Lime and Cement Ltd., and Sone Valley Portland Cement Company. Ltd., were allowed to charge the Corporation Rupees 75-25. In other words, all the above six producers besides K. C. P. Ltd., (appellant in C. A. No. 2156 of 1970) were allowed to increase their price by Rupees 2-75 per tonne chargeable to the said Corporation. There was also an increase in the price which the State Trading Corporation could charge under sub-clause (2-a) of Clause 6. Prices were further increased by Amendment Orders dated 30/06/1964 and 31/05/1965. These however do not concern us in these appeals.