BUDGE BUDGE JUTE MILLS CO. LTD. Vs. WORKMEN

JUDGEMENT

(1.) These three appeals by special leave are by three companies, at one time under a common management, and are directed against the order of the special industrial tribunal, West Bengal, dated 20 February 1965, by which the tribunal directed the companies to pay to their permanent workmen half the wages for the respective periods during which the jute mills conducted by them were keptclosed. The periods for which the companies declined to pay wages to their permanent workmen were from 6 August to 24 September 1961 in respect of the Budge Budge Jute Mills Company, Ltd., from 31 July to 24 September 1961 in respect of the Chevlet Jute Mills Company, Ltd., and from 1 August to 24 September 1961 in respect of the Caledonian Jute Mills Company, Ltd. The trouble which led to the reference to the tribunal commenced immediately after the block closures of all jute mills, presumably owing to Inadequate stock of raw materials, first from 25 June to 1 July 1961 and then from 23 to 29 July 1961. On 30 July 1961 all the three mills opened.

(2.) The mills wore working in three shirts. Shift A was from 6 to 11 a.m. and 2 to 5 p.m. shift B was from 11 am. to 2 p.m. and 5 to 10 p.m. ; and shift C was after 10 p.m. We are concerned with shifts A and B only in those appeals. The workmen in all the three mills were divided into two categories, permanent and non permanent, the latter including badli workmen.

(3.) According to the standing orders of the Indian Jute Mills Association, which were applicable to all the jute mills in West Bengal, a permanent workman is one who has been engaged on a permanent basis and includes a person who has satisfactorily completed a probationary period of eight months in the same or any other occupation in an industrial establishment. A badli or a special badli is a workman who is appointed in a vacant post or in the post of a permanent workman or a probationer who is temporarily absent. Under the rules of service, which are part of the standing orders, the badlis were of two categories, registered and special, the former working as substitutes for permanent workmen and the latter in the posts kept vacant. Both, however, wore required to be registered, and their named were liable to be removed from the register in case of misconduct, inefficiency, continued non-attendance or repeated absence, is appears that owing to a scheme of rationalization which was about to be introduced in the jute mills and the resultant possibility of retrenchment the mills were keeping a certain number of permanent posts vacant for which special badlis would be recruited. They had also to have a certain number of registered badlis to work as substituted in place of permanent workman when they were absent. Though there thus prevailed a system of having badli workmen, there were differences between the managements and the workmen as to their extent and number. To end this dispute the Central Wage Board for Jute Industry had recommended in their report in 1963 that in each mill at least 80 per cent of the total workmen should be permanent workmen and that the mills should increase that percentage to 85 per cent in the course of the next two years. The remaining 15 per cent could be non-permanent workmen so that in the event of rationalization and changes in the line of production being made, there need be no retrenchment of permanent workmen. The report also allowed a further 10 per cent badlis to be called registered badlis or leave vacancy badlis to serve in place of workmen who were absent on a particular day or days.