INDUSTRIAL WORKERS UNION Vs. ALLIED PUBLISHERS SUBSCRIPTIONS AGENCY

JUDGEMENT

(1.) THE petitioner is a trade union duly registered under the Trade Unions Act, 1926, representing the workmen employed with respondent No. 1, a partnership firm. The petitioner-union has impugned Award Part III made by the Industrial Tribunal in Reference (IT) No. 48 of 1983 in so far as the said award pertains to the respondent No. 1 and its employees. By the impugned part of the said Award, certain demands made by the workmen of respondent No. 1 were rejected.

(2.) THE facts and circumstances leading to the filing of this petition, in brief, are as under:---

(3.) (a) On 29th May, 1981, the petitioner-union served its Charter of Demands on respondent No. 1 as well as a company known as Allied Publishers Private Limited raising various demands. By the said Charter of Demands, the workmen sought (1) revision of wage scales, (2) classification, (3) adjustment, (4) dearness allowance, (5) house rent allowance, (6) leave travel concession, (7) educational allowance, (8) cycle allowance, (9) leave provision, (10) accumulation of service leave and (11) restoration of uniforms etc. In the said Charter of Demands, it was stated that the employers should accept the said demands made with effect from 1st January, 1981. In view of the report submitted by the Conciliation Officer under sub-section (5) of section 12 of the Industrial Disputes Act, 1947, the Government of Maharashtra made a joint reference in respect of the said demands to the Industrial Tribunal for adjudication by its Order No. A. D. A 2982/2462/lab-II dated 11th January, 1983. It was the contention of the workmen of the respondent No. 1 firm that there was functional integrality between the respondent No. 1 and the above referred company known as Allied Publishers Private Limited and they were entitled to be treated on par with the workmen employed by the said company in respect of revision of wage scales, etc. The Industrial Tribunal made its Award Part I on 26th April 1984 holding that the joint reference made by the Government of Maharashtra in respect of both concerns was maintainable. On 10th July 1984, the Industrial Tribunal made its award known as Award Part II granting interim relief to the extent of Rs. 75/- per month from 1st July, 1984 to the workmen employed in Allied Publishers Private Limited. On 29th August, 1986, the Industrial Tribunal made its award known as Award Part III. By the said Award, the Industrial Tribunal granted six of the demands in respect of the employees concerning Allied Publishers Private Limited with effect from 11th January, 1983. By the said Award, the Industrial Tribunal granted rest of the demands in respect of the said Allied Publishers Private Limited from the date of the award.