S LIGHT RAILWAYS Vs. WORKMEN IN HEAD OFFICE

JUDGEMENT

(1.) BY its order dated September 13, 1961 the Government of India, Ministry of Labour and Employment, referred the industrial dispute between the employers in relation to the Martin's Light Railways Calcutta, and their workmen in the headquarters office for adjudication to Sri S. N. Guha Roy, Central Government Industrial Tribunal, Calcutta, with regard to the following issues :

(2.) MARTIN Burn Ltd., respondent 2 in Civil Appeal No. 292 of 1964 and respondent 3 in Civil Appeal No. 293 of 1964 (hereinafter referred to as the managing agents), is a public limited company having its head office at 12 Mission Row, Calcutta. The Shahdara (Delhi) Saharanpur Light Railway Company, Ltd., the Arrah Sasaram Light Railway Company, Ltd., the Futwah Islampur Light Railway Company, Ltd., the Howrah Amta Light Railway Company, Ltd., and the Howrah Sheakhala Light Railway Company, Ltd., are five distinct and different light railway companies. Martin Burn, Ltd., were originally the managing agent of all these five railway companies, but after the recent amendment of the Companies Act, Martin Burn Ltd., continues to remain as "managing agent" of the Howrah Amta Light Railway Company, Ltd., and the Shahdara (Delhi) Saharanpur Light Railway Company, Ltd., and become the secretaries and treasurers of the remaining three light railway companies. The five railway companies maintained a joint head office at 9, Mercantile Buildings, Lall Bazar Street, Calcutta, and all expenses for the establishment of the joint head office were, at all material times borne by the railway companies in an agreed proportion. The railway companies also met the expenses of the workmen employed at the joint head office. The terms and conditions of the workmen employed by the railway companies at the joint head office have been different from the terms and conditions of service of the workmen employed at the head office of the managing agents. The workmen employed at the headquarters of the railway companies, however, claimed that they should be treated as part of the managing agents' staff and they should be paid salary and allowances on that basis and, in the alternative they pressed for a proper fixation of pay scales and increase of dearness allowance and Puja bonus. The claim was resisted by the managing agents and also by the railway companies. But its award dated June 22, 1962 the tribunal head the workmen at the joint head office of the railway companies were the employees of the railway companies and not of the managing agent and further that the question was barred by the principle of res judicata. On the second issue the tribunal observed that there was no jurisdiction for making a radical change in the existing scales of pay in the different grades, other than those of clerks, cash counters and cash assistant. The tribunal further held that the minimum pay wherever it was below Rs. 70 should be raised to Rs. 70 and fixed the grades of clerks, cash counters and cash assistant at Rs. 70-3-94-4-134. As regards non-clerical members of the subordinate staff, such as ticket counters, literate sorters and daftries, ticket binders, peons, armed guards, durwans, car-drivers, etc., the following revised grades were fixed.Rs.

(3.) CIVIL Appeal No. 292 of 1964 is brought by special leave on behalf of the workmen against this award. Civil Appeal No. 293 of 1964 has been brought by special leave on behalf of the railway companies against the sane award.