SARABHAI CHEMICALS STAFF ASSOCIATION Vs. SARABHAI CHEMICALS

JUDGEMENT

(1.) These two petitions are filed by workmen of the companies of Sarabhai group against the common judgment and award of the Industrial Tribunal dated 5/08/1980 and published on 21/08/1980 in the Gujarat Government Gazette Part I-L at pages 4540 to 45.75. Special Civil Application No. 277/81 is filed by Sarabhai Chemicals Staff Association against Sarabhai Chemicals and Special Civil Application No. 700/81 is filed by Chemical Mazdoor Sabha against (1) Sarabhai Chamicals; (2) Sarabhai Common Services; (3) Sarabhai M. Chemicals; (4) Sarabhai Research Centre; and (5) Suhrid Geigy Ltd. The earlier award in Reference (IT) No. 45 of 1971 was passed in March 1974 The same was terminated on 21st February 19.76 and the present demands were raised by the Staff Association on 5/09/1976 and by the Chemical Mazdoor Sabha on 27/05/1977. The demands came to be referred to the Industrial Tribunal by different notifications of Reference between 25/01/1978 and 27/04/1978 and these references are Nos. (IT) 64 65 77 78 90 91 and 158 of 1978 as under : <FRM>JUDGEMENT_566_GLR1_1984Html1.htm</FRM> These companies are hereinafter referred to as Sarabhai Chemicals or Sarabhai or Company or Management for the sake of convenience. All these references were tried together by the consent of the parties as common questions of facts and law were involved and by the common judgment and award the Industrial Tribunal has decided the demands. In para 2 of the award the Tribunal has observed as follows:

(2.) In these two petitions also common questions arise and therefore they were heard together and are disposed of by this common judgment These petitions raise questions regarding wage scales fitment housing scheme house rent allowance high cost allowance and the effective date of the benefits under the award. There is no dispute as to paying capacity of Sarabhai Chemicals to pay fair wages as may be determined in these proceedings. In para 7 of the impugned award the Tribunal has observed as under:

(3.) After considering several Supreme Court Judgments cited before it the Tribunal came to the conclusion that the western region including Gujarat and Maharashtra cannot be taken as a region and only Gujarat can be said to be proper region for comparison and Cyanamid India Ltd. of Bulsar was held to be comparable with Sarabhai Chemicals and accordingly the Tribunal awarded the wage scales and dearness allowance of Cyanamid with effect from 1/01/1979. The high-cost allowance is discontinued and ad-hoc amount of Rs. 34 per month has been awarded. As regards housing construction loan and house rent the Tribunal has refused both of them.