MAHARASHTRA SUGAR MILLS LTD Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) THIS is a petition filed by the petitioners, the Maharashtra Sugar Mills, Ltd. , against the first respondent, the Industrial Court consisting of P. S. Bakhle, member of the Industrial Court, the second respondent, the State of Bombay, and the respondents 3 and 4 on behalf of themselves and all other persons interested and deriving benefit under the order dated the 29th December 1949 made by the first respondent, for a writ of certiorari against the respondents calling for the records of the proceedings whereby the first respondent purported to make the said order dated the 29th December 1949 and to quash the same and for further and other reliefs.

(2.) THE matter arises this way. The Maharashtra Sugar Mills, Ltd. are a company registered under the Indian Companies Act and they have got their Mills at Tilaknagar (Belapore Road), district Ahmednagar. In the course of their business they employ labour of various categories. The one is what may be called muster labour and the other is what may be called contract labour. There is also seasonal employment of labour in accordance with the exigencies of the various operations in the manufacture of sugar. By a notification dated 8th January 1948 published in the Government Gazette under Section 2 (4) of the Bombay Industrial (sic) Act, 1946 (?) (Bombay Act 11 of 1947), the Provincial Government applied the provisions of the Act, to sugar industry with effect from the 12th January 1948. It appears that in the area of operations of the Mills there was in existence the Belapur Kamgar Union which is a representative union registered under the Bombay Industrial Relations Act, 1946, and a dispute was raised presumably by the union representing the interests of the various types of labour employed by the Mills asking for payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour. It may be noted that 194748 in this context meant the 1st October 1947 to 30th September 1948. This dispute was not likely to be settled by other means and therefore having resort to the provisions of Section 73 of the Act the Provincial Government issued a notification on the 1st April 1949 in the terms following: Whereas an industrial dispute has arisen between the Maharashtra Sugar Mills, Limited, Belapur Road, district Ahmednagar, and its employees (hereinafter referred to as "the said industrial dispute") in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour; And whereas the Provincial Government is satisfied that the said industrial dispute is not likely to be settled by other means; Now, therefore, in exercise of the powers conferred by Section 73 of the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), the Government of Bombay is pleased to refer the said industrial dispute to the arbitration of the Industrial Court.

(3.) ON a reference made to the Industrial Court in this manner, the Industrial Court consisting of P. S. Bakhle, member of the industrial Court, entered upon the reference. The Belapur Kamgar Union filed a statement of claim on behalf of the workers of the company. The company also filed a written statement advancing their contentions in respect of the demands for bonus. The hearing before the Industrial Court commenced on the 6th September 1949. At the very outset counsel appearing for the company raised an objection to the jurisdiction of the Industrial Court to go into the dispute in regard to contract labour and continued to appear under protest and without prejudice to the company's plea as to the first respondent's want of. jurisdiction. Considerable evidence was led Before the Industrial Court and the Industrial Court made its award on the 8th December 1949 whereby it awarded bonus equal to 3/8th of the total basic earnings earned during the year 1947-48 on the conditions as stated therein. This award was published in the Government Gazette on the 29th December 1949 and the petitioners filed this petition for the reliefs which I have mentioned above on the 22nd February 1950.