HINDUSTAN HOSIERY INDUSTRIES Vs. F H LALA

JUDGEMENT

(1.) This appeal by special leave is directed against an award of the Industrial Court, Maharashtra (hereinafter referred to for brevity as the Tribunal) of 29th January, 1970. There was a reference by the Mill Mazdoor Sahab, Bombay (briefly the Sabha) under Section 73-A of the Bombay Industrial Relations Act, 1946, in pursuance of a notice of change dated 22nd August, 1968. The Sabha demanded revision basic wages for the time-rated workmen of several categories and also a rise of 50% in the wage of the piece-rated workers in the Consumers' Price Index bracket 621-630 (old series). The Subha also demanded dearness allowances of 10 paise per day for every rise of 10 points or part thereof above the said slab. They also claimed the benefit retrospectively from 1st June, 1968. The Sabha submitted its statement of claim on 14th February, 1969.

(2.) It appears that the appellant is a partnership firm which was constituted and commenced production in April 1967. The firm manufacturers and sells nylon and hosiery goods such as socks, under-garments, and the like. It is registered with the Maharashta State Directorate of Industries as a small scale industry, Prior to April 1967, all the partners of the appellant were partners of a firm known as M/s. Hindustan Hosiery Factory. That firm again was constituted and commenced business on and from 15th December, 1963, after the dissolution of India Hosiery Factory on 14th December, 1963, due to differences amongst the partners. On the same date, some other partners of India Hosiery Factory constituted another firm known as Stretchlon Private Ltd. While Stretcholon Private Ltd., continued to function. Hindustan Hosiery Factory was closed in August 1966 and the appellant constituted and commenced business in the name and style of Hindustan Hosiery Industries with effect from 17th April, 1967, on which date another firm also commenced business under the name and style of Hindustan Hosiery Mills. It appears that all these three firms, namely, Stretchlon Private Ltd., the appellant and the Hindustan Hosiery Mills are off shoots of the Indian Hosiery Factory with a complement of 800 workmen which was actually the pioneer in the industry.

(3.) The Sabha contended before the Tribunal that the consolidated wages paid to the employees were extremely low. According to the Sabha, the time-rated workmen got as low a wage as Rs. 2.50 per day and never higher than Rs. 3.50 per day. The piece-rated workers, who, according to the Sabha, are skilled workers, earned between Rs. 6/- and 7/- per day. The Sabha, therefore, claimed a revision of the wages of both the categories.