SANGLI CITY MUNICIPALITY Vs. ITS WORKMEN

JUDGEMENT

(1.) This industrial dispute was referred to me under S. 10(1)(d) of the Industrial Disputes Act, 1947, by Labour and Social Welfare Department order No. AJS. 3559-H, dated 12 November, 1959. The demands of the workmen relate to

(2.) Sri A. V. Ghate, advocate for the municipality, has raised a preliminary objection that the employees of the octroi department are not workmen because that department is not an activity of the municipality which may be called to be analogous to "industry." On behalf of the workmen Sri B. G. Naik examined one Chandrakant Neminath Shete, an octroi clerk. He has stated that octroi clerks are transferred to other departments and clerks from other departments are transferred to octroi department. He has given three such instances including his own. In cross-examination he was asked whether it was not true that when he was transferred to other departments his scale was higher than the scale of an octroi clerk. He admitted that fact. But the fact remains that octroi clerks in this municipality can be transferred to other departments and vice versa.

(3.) The argument that is now being advanced by Sri Ghate has been advanced now for over seven years ever since the Supreme Court decided the case of D. N. Banerji v. P. R. Mukerjee [1953 - I L.L.J. 195]. But now it may safely be said that the Supreme Court has finally act this controversy at rest by its decision in the Corporation of the City of Nagpur [1960 - I L.L.J. 523]. After an exhaustive discussion of the law on the subject, their lordships have summarized their views as follows : Page 535 :