ATIG INDUSTRIES LIMITED ATUL PRODUCTS LIMITED WORKMEN EMPLOYED Vs. WORKMEN:WORKMEN:ATIC INDUSTRIES LIMITED

JUDGEMENT

(1.) Civil Appeals Nos. 742 and 2086 of 1968 by special leave, arise out of the decision regarding demand No. 4 under Award Part II, dated November 15, 1967 of the Industrial Tribunal, Gujarat, in Reference (IT) 65 of 1966. As Atic Industries Ltd., and its workmen could not settle the various demands made by the latter, on the joint application of both, the Deputy Commissioner of Labour, Ahmedabad, by order dated February 19, 1966 referred for adjudication to the Industrial Tribunal, Gujarat, nine demands made by the workmen. The demands cover various matters and have been elaborately set out in the Schedule annexed to the order of reference. It is enough to note that the demands covered revision, of wage scales, dearness allowance shift allowance, vacation travelling allowance, housing facilities etc. Demand No. 4, with which we are concerned was as follows:

(2.) Civil Appeal No. 809 of 1968 is by special leave and the appellant therein is Atul Products Ltd. which is also an industry located in Atul village. Here again, on the joint application of the said Company and its workmen, nine demands were referred for adjudication to the Industrial Tribunal, Gujarat, by order dated June 30, 1966 of the Deputy Commissioner of Labour, Ahmedabad. The demands related to dearness allowance, shift allowance, housing facilities, vacation travelling allowance etc. Demand No. 6 with which we are concerned in this appeal was as follows:

(3.) The Industrial Tribunal, by its Award Part I, disposed of demand Nos. 1 to 4 and 7. By its Award Part II, dated October 16, 1967, the Tribunal disposed of demands Nos. 5, 6, 8 and 9. The decision of the Tribunal under its Awards Parts I and II in respect of demand Nos. 1 to 5 and 7 to 9 is not the subject of consideration before us. In respect of demand No. 6, the Tribunal rejected the demand regarding the Company being made to provide free transport facilities. However, the Tribunal directed the Company to pay an allowance of 15 paise per day to every employee who stays at a distance of five miles and above from village Atul. The said payment was made effective from Dec. 1, 1967. Here again a direction was given that the Company need not pay allowance to its workman who is either on earned leave or any type of leave authorised or otherwise. The Company desires in this appeal to have the direction given by the Tribunal under this demand set aside.