INDIAN OXYGEN LTD Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE Industrial Tribunal, presided over by Shri D. D. Gupta, made an award dated 22nd October, 1974, on a reference made under Section 10 (1) (d) of the Industrial Disputes Act, 1944. The terms of the reference were as follows: Whether Dearness Allowance payable to all categories of workmen employed in factory including general staff (employed in Delhi Branch) should be linked with consumer price index for industrial workers in Delhi prepared by Labour Bureau, Simla, from 1st July, 1973 as has been done in the case of office staff in Delhi Branch in pursuance of the award of the Industrial Tribunal in I. D. No. 40 of 1970 and what directions are necessary in this respect? It is apparent from the wording of the reference that the question referred to the Tribunal referred to an earlier award being the one made by the Industrial Tribunal in respect of office staff employed by M/s. Indian Oxygen Limited. The only question to be decided on this reference, was whether the Dearness Allowance should be linked with the consumer price index for industrial workmen in Delhi with effect Indian Oxygen Ltd. vs. Industrial Tribunal and Ors. (18. 05. 1977 -DELHC) Page 2 of 15 ygen Ltd. vs. Industrial Tribunal and Ors. (18. 05. 1977 -DELHC) Page 2 of 15 from 1st July, 1973, as had been done in the previous reference in respect of the office staff in the Delhi Branca The Tribunal's award on this reference, was that the Dearness Allowance payable to workmen employed in the factory including the general staff should also be linked with the consumer price index for industrial workmen in Delhi, with effect from 1st July, 1973. In other words, the same principle should apply to workmen in factory as in the office.

(2.) BEING aggrieved by the award. M/s. Indian Oxygen Limited, instituted the present petition under Articles 226 and 227 of the Constitution, praying that the award may be quashed by the issue of a writ of certiorari or any other appropriate writ. The case of the petitioner is that this award could not have been made because the scope of the previous award also included the claim of factory workers It is urged that for certain reasons which would be apparent later, the office workers got the award in their favour, but the factory workers' claim was not allowed Hence, by implication, the previous award has disallowed the claim of the factory workers with the result that the previous award operates as res judicata. It is further submitted that the previous award cannot be varied while it is in force. I will examine the full scope of this contention shortly. The alternative case of the petitioner is that the award under challenge is not in accordance with law, because the result achieved is unreasonable. It may be mentioned, that previously the Dearness Allowance being paid to the workers in the factory, and also to office workers, was linked to the cost of living index prevailing at Calcutta in accordance with the Scheme of the Bengal Chamber of Commerce and Industry. The Dearness Allowance payable to the workers varied according to changes in that index. It is contended that if another cost of living index is to be substituted, then some variations have to be made regarding the way the linking is to be done, a more substitution of the index prevailing in Calcutta by the index prevailing in Delhi is not sufficient. This question has many facts; and indeed, involves some basic questions which I will state, though for reasons I will set out later, the point cannot be adequately gone into in these proceedings nor can any relief be granted in the manner the petitioner seeks.

(3.) TURNING to the first question, the previous award was also given by the Industrial Tribunal, Delhi, which was then presided over by Sri R. K. Baweja. The terms of reference appearing from that award were as follows: Whether the Dearness allowance in respect of workmen employed in Delhi Branch should be linked with the Consumer's Price Index for industrial workers in Delhi as computed by the Labour Bureau, Simla and if so, what directions ate necessary in this behalf''? The scope of that reference apparently covered all workmen in the Delhi Branch. However, after the Industrial Tribunal had decided that the linkage with the Bengal index should be substituted by the Delhi Index, it was urged on behalf of the management that the linkage should apply only to the office staff and not to the factory staff. I will reproduce the relevant portion of that award, a copy of which is also filed in this Court. It was said: 23. It was next submitted by Shri Khullar that any change which is directed to be made in this reference by the Tribunal would apply to the office staff of the management and not to the factory staff inasmuch as the union which has sponsored this case is of the office staff and not of the factory workers Shri Madan Mohan on the other hand submitted that the reference was for all the workmen of the management, whether in the office or in the factory who are posted at Delhi. My attention was drawn in this connection by Shri Khullar to the statement dated 3rd December, 1970 made by Shri D. R. Vig, W. W. 1, who was the general secretary of the union. In that statement Shri Vig admitted that this union was formed in 1953-54 and all the employees including the factory workers were its members This union was recognised by the management in 1955 and there was no other union of the employees functioning at that time. The second union, namely, the Indian Oxygen Karamchari Sangh came into existence in 1967-68 and the factory workers became the members of that Sangh. The Sangh was also recognised as the union of the factory workers by the management in 1970 Shri Vig, continued that his union continued to be recognised by the management as representing the office staff. In his cross-examination Shri Vig deposed that the demand of his union was now on behalf of the employees of the management including the factory workers, but in the same breath he added that he did not represent the employees who are members of the Sangh. He further stated that he was not pursuing this reference on behalf of the Sangh which represents the factory workers This being so, it cannot be said that this union represents the factory workers So, it will not be desirable and proper to make the decision arrived at in this award applicable to the factory workers when their union namely, Indian Oxygen Karamchari Sangh never made any application during the pendency of these proceedings that it should be made a party. Nor did it make an application that the benefits which may accrue to the office staff may also be made applicable to the factory workers This being so, this award will only apply to the workmen employed in the office of the management at Delhi including the class IV employees. It is clear from this passage in the award that the linkage was not accepted in leaped of the factory staff merely because the factory workers were not represented by the union which was pursuing the reference. In no sense can it be said that it was held that the linkage should be made only in respect of the office staff and not in respect of the factory staff on the merits. Therefore, the award, if I may say so, did not at all hold that the factory workers were not entitled to get the Dearness Allowance linked to the Delhi index as opposed to the Bengal index.