LAWS(SC)-1973-5-13

MANAGEMENT OF KIRLOSKAR ELECTRIC CO Vs. THEIR WORKMEN

Decided On May 04, 1973
MANAGEMENT OF KIRLOSKAR ELECTRIC CO. Appellant
V/S
THEIR WORKMEN Respondents

JUDGEMENT

(1.) This is an appeal by special leave from an award of the Industrial Tribunal, Mysore. This Court, while granting special leave, confined it only to the question of giving of uniforms to welders and winders.

(2.) The appellant has a factory employing on an average 200 workers. On February 12, l968 a reference was made by the Government of Mysore or adjudication to the Tribunal of six points which were in dispute. Point No. 4 was whether all workers should be provided with a pair of uniforms and a pair of shoes per year. In the written statement filed by the appellant before the Tribunal it was submitted that it was giving uniforms to its watchmen, drivers sweepers, canteen workers and such other workmen who were to be provided with protective clothing under the Factories Act and the Rules framed thereunder. It was not considered necessary that uniforms should be issued to other classes of workers.

(3.) The Tribunal was of the view that a general demand that all workers should be provided with uniforms was not reasonable and was contrary to precedents. But it referred to the evidence produced on behalf of the workers according to which the turners and the winders had to do such work that their clothes got damaged or there was a likelihood of their getting damaged. As regards the winders it was observed that industrial operations have become so complex and complicated that for the purpose of determining whether turners, welders and winders should get clothes because it was likely that their clothes will get spoiled on account of the nature of work which they were performing, it was the totality of all operations and circumstances that should be taken into consideration. This is what the Tribunal proceeded to say:-