CROWN ALUMINIUM WORKS Vs. THEIR WORKMEN

JUDGEMENT

(1.) This appeal by special leave arises out of an industrial dispute between the appellant M/S. Crown Aluminium Works, Belur, represented by Jeewanlal (1929) Ltd., and its Workmen represented by Bengal Aluminium Workers' Union. By their order dated July 31, 1952, the Government of West Bengal referred thirteen matters for adjudication to Shri S. K. Niyogi who was appointed to constitute the Sixth Industrial Tribunal for adjudication under S. 10 of the Industrial Disputes Act, 1947. The learned adjudicator considered the pleas raised, and the evidence led, by the parties before him, investigated into the financial position of the appellant and pronounced his award on October 9, 1953, on all matters referred to him. Both parties were aggrieved by the award and that led to two cross appeals.

(2.) It appears that in 1947 the first Omnibus Engineering Tribunal was constituted to adjudicate upon the industrial disputes for the engineering industry in West Bengal and the matters referred to the tribunal included inter alia disputes in regard to basic wages, dearness allowance and leave. This tribunal gave a comprehensive award which was published on June 30, 1948. The appellant was a party to these adjudication proceedings and was governed by the said award. Soon thereafter industrial disputes again arose between the engineering industry and its employees and these were referred to another tribunal which in due course examined the disputes and pronounced its award.

(3.) On March 28, 1952, the appellant issued a notice to its workmen proposing to make certain modifications. The notice indicated that a reduction of the factory hours from 47 to 40 would be made, the facility bonus would be reduced by 3 as, per day and temporary dearness allowance for the salaried workers would be similarly reduced by 10% of the then current rates. The appellant pleaded in this notice that these economy measures had become necessary owing to the financial set-back of the appellant and would come into effect on June 1, 1952. The Union-opposed these changes. A joint discussion was then arranged on June 2 and June 26, 1952.