WESTERN INDIA THEATRES LTD Vs. THEATRE EMPLOYEES UNION

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution of India the petitioners, Messers. Western India Theatres Limited, challenged the legality and correctness of an award dated October 27, 1969 passed by the Industrial Tribunal, Maharashtra, Bombay in Reference (IT) No. 4 of 1968. The said reference was made to the Tribunal by the Government of Maharashtra under S. 10(1)(d) of the Industrial Disputes Act, 1947 in respect of demands of the employees of the petitioners working in the New Empire Cinema at Bombay. The demands were for revision of wage scales with effect from June 1, 1966, adjustment increments, extra show allowances at the revised rates, officiating allowances, revision of provident fund contribution, gratuity, bank holidays, etc. which were classified as 23 demands by the Tribunal. Taking into consideration the rival contentions of the parties and the materials placed before the Tribunal, the Tribunal classified the New Empire Cinema as belonging to A1 class. On the basis of this classification, the Tribunal proceeded to pass an award substantially in terms of a settlement arrived at between the Theatre Employees' Union, Bombay, a registered trade union of employees working in cinema theatres in Bombay, respondent No. 2 in the petition, and the owners of 60 cinemas out of 80 cinemas in Greater Bombay, who are members of an association known as the Cinematograph Exhibitors Association of India (hereinafter referred to as the 'C.E.A.I.').

(2.) It is unnecessary to set out all the findings of the Tribunal recorded in the aforesaid award because the award is challenged in the above petition only on the following grounds :

(3.) Mr. Sawant, however, seriously urged that the Tribunal committed an error apparent on the face of the record in holding that the New Empire Cinema was classified by the C.E.A.I., though in fact the owners of the New Empire Cinema were not members of the C.E.A.I. and the C.E.A.I. had never classified the theatre as 'A1'. Mr. Sawant, therefore, submitted that the entire award is vitiated by this patent error committed by the Tribunal in proceeding to dispose of the dispute as if the New Empire Cinema was classified by C.E.A.I. as A1.