VARGHESE Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) These four Writ Petitions seek to vacate the award by the Industrial Tribunal, Ernakulam, in Dispute No. 4 of 1957. The facts preceding the award are that the Alice Boat Service had three boats, 'Alice', 'Sofa' and 'Crown', which were running the boat service on the Ernakulam Kottappuram line. Two of the aforesaid boats 'Alice' and 'Sofa', were owned by P. I. Varghese, and the third 'Crown' by K. K. Ittyera. The service during the period, with which we are concerned, was, being conducted by lessees, of whom P. T. Thomman was running the Alice, and T. T. Jacob the other two boats. Service employed 17 persons under the categories of Masters, Drivers, Syrangs, and Lascars; and they were represented by the Trichur District Motor Boat Workers' Union. At the meeting of the Union held on September 20, 1956, it was decided to launch a strike, should the demands by the employees of the aforesaid Alice Boat Service be not met; which demand was communicated by letter of October 8, 1956. The employers refused the demands for payment of bonus on the ground that there was no profit for the year, and also the claim for batta on the ground that such payment was not obligatory. The refusal caused dispute; and the Assistant Labour Officer as well as the District Labour Officer, attempted to settle it. The dispute led stay-in-strike with the result that the service could not be run. The lessees had to seek the help of the police, and four workers of the boat Crown were arrested. Suits were filed in the High Court to get possession of the two boats Alice and Sofa, and the workers replied by picketing the residence of the proprietors. Finally, the Government referred the above dispute for adjudication to the Industrial Tribunal. The reference contained the following four issues :-- "(1) To what bonus are the workmen entitled for the year 1955-56

(2.) Before giving the Tribunal's conclusions on the aforesaid issues, it should be stated that the proprietors of the three boats thought it advantageous to get rid of the boats. The writ petitioner in O. P. 805 of 1958 purchased the boat Alice from the former owner on February 11, 1957. The petitioner in O. P. 827 of 1958 purchased the boat Sofa on February 1, 1957, and the petitioner in O. P. 828 of 1958 purchased the boat Crown from the former owner on February 17, 1957. After the purchases these persons were impleaded as additional parties by the Tribunal's order of October 19, 1957 and the award in the case Was given on September 25, 1958. Thereby, the former owners of the three boats been held to be the employers of the workers, and consequently the purchasers from such owners to be successors-in-business and to be bound by the award. Coming to the Tribunal's conclusions on the issues, on the first it has found not to be in a position to give the available surplus, due to want of data in the case, but it has awarded bonus to the workmen at the rate of 61/4 per cent of the total earnings for the year 1955-56. The workers have been further held entitled to batta at the rate of 9 nP. per working hour without retrospective

(3.) The aforesaid award has been challenged by four writ petitions, P. I. Varghese, who owned the boats Alice and Sofa, has filed O. P. 743 of 1958; and the other three writ petitioners are the subsequent purchasers of the three boats. The former owner challenges the conclusion of being held to be employer, notwithstanding the fact of having leased the boats during the period of the trade dispute. His case is that the lessees had employed the workmen and they were then running the boats. This writ petitioner's learned counsel has also : urged before us that the Tribunal's conclusion on the fourth issue was incorrect