FILMISTAN PRIVATE, LIMITED Vs. ITS WORKMEN

JUDGEMENT

(1.) THE industrial dispute between the appellant, the Filmistan (Private), Ltd., and the respondents, it workmen, which has given rise to the present appeal by special leave, consisted of eight demands made by the respondents against the appellant. Demand 1 was in regard to the classification of the appellant's employees. Demand 2 was in regard to the adjustment of wage-scales point to point. Demand 3 was in regard to the payment of higher wages to an employee who is assigned to do work of a category higher than his own. Demand 4 was in regard to the increment in the wage-scales with retrospective effect from 1 January, 1958; demand 5 had reference to dearness allowance; demand 6 to gratuity; and demands 7 and 8 related to bonus for the years 1955-56 and 1956-57 respectively.

(2.) THE tribunal has rejected demands 5 and 6 and it has reserved the consideration of demands 7 and 8. In regard to the claim for classification, it has taken into account the report submitted by the assessors and evolved a scheme for classification. The appellant does not object to this classification. The claim of the respondents for a revision of the wage-structure has also been upheld by the tribunal. Having done so, the tribunal has refused to accede to the respondents' demand that the said wage-structure should have retrospective operation. The present appeal is confined to that part of the award which has revised the wage-structure prevailing in the establishment of the appellant.

(3.) THE finding which the tribunal appears to have made in the present proceedings in regard to the character of the balance sheets is very vague and gives us no indication as to what extent the tribunal was prepared to accept the balance sheets as reliable :