MCLEOD AND COMPANY LIMITED Vs. WORKMEN

JUDGEMENT

(1.) The industrial dispute between the appellant, McLeod Co. Ltd., and the respondents, its workmen, which have given rise to the present appeal centered round to items of claim made by the respondents. The respondents claimed that they should be given cash allowance in lieu of the tiffin arrangements at present made by the appellant, and they urged that the practice started by the appellant of re-employing retired persons should be discontinued. The Tribunal has granted the first claim and has directed that the clerical staff should be paid As.-/8/- per day and the subordinate staff As.-/6/- per day on all working days in lieu of the tiffin arrangements which are at present made by the appellant. In regard to the second claim, the Tribunal has ordered that the appellant should stop the re-employment of retired workmen in the category of clerks above 'C' grade. In respect of the subordinate staff as also in regard to the lowest grade clerks, the Tribunal thought it unnecessary to make any such direction. That is how the latter claim has been partially allowed. It is against this award that the appellant has come to this Court by special leave.

(2.) The total number of employees in the employment of the appellant is about 453. 36 of them are officers; 90 are junior grade Assistants, while 196 are clerks and 131 belong to the sub-ordinate staff. It is in regard to the last two categories of the appellant's employees that the two items of dispute have reference in the present proceedings. It appears that in 1956 there was an industrial dispute between the parties, one of the items in dispute being the claim made by the respondents in respect of tiffin on working days. In those proceedings, however, the said claim was not pressed and the matter was left to the discretion of the appellant. After the award was published, the parties entered into direct negotiations in respect of the claim of tiffin allowance and according to the evidence of Mr. Mazumdar, the General Secretary of the respondents' Union, the management then assured the respondents that it would consider the quantum and value of free tiffin afterwards and a settlement was then reached. Accordingly, two cups of tea and two biscuits are given by the appellant to the clerical staff, whilst one cup of tea and one biscuit is given to the members of the subordinate staff. On Saturdays the same ration of tiffin is supplied to the clerks and the sub-staff alike.

(3.) In the present dispute, the respondents contended that the tiffin arrangements made by the appellant were unsatisfactory and they urged that a cash allowance should be given to them in that behalf. This claim has been allowed by the Tribunal. Mr. Sastri for the appellant contends that the Tribunal has erred in law in making an award in respect of the cash allowance for tiffin, because he argues that it is not obligatory on the part of the appellant to make any provision for the tiffin of its employees. Under the relevant provisions of the Factories Act, a canteen had been started by the appellant, but there is no obligation on the appellant, either statutory or otherwise, for providing any further facility to the employees by way of giving them a cash allowance for tiffin. He also emphasised the fact that the wage structure which prevails in the appellant's concern represents a fair wage structure and the dearness allowance is paid to the respondents according to the Bengal Chamber of Commerce Formula; the said formula takes care substantially of the rise in the cost of living from time to time. That is another reason on which Mr. Sastri relies in resisting the respondents' claim for the cash allowance in lieu of tiffin. Prima facie, there is some force in these contentions.