RASHTRIYA HAIR CUTTING SALOON Vs. MAHARASHTRA KAMGAR SABHA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner-employer has impugned part of the Award dated 24th April, 1987, made by Shri. S. A. Patil, Member, Industrial Tribunal, Maharashtra State, Bombay, in Reference (IT) No. 159 of 1979 pertaining to demands of workmen of Hair Cutting Saloons concerned in respect of wage scales, dearness allowance, leave facilities, gratuity, bonus, etc. The Maharashtra Kamgar Sabha represents the workmen and is a recognised Union. Several companion petitions pertaining to the same very Award dated 24th April, 1987, are listed along with this writ petition for being heard together. The said Industrial Tribunals Award is a composite Award and pertains to various Hair Cutting Saloons.

(2.) BY its letter dated 23rd October, 1978, the respondent No. 1 -Union sent a Charter of demands to the petitioner and 34 other Hair Cutting Saloons making a demand for fixation of scales of pay, annual increments, dearness allowance, gratuity, bonus etc. in respect of the workmen employed in various Hair Cutting Saloons. On 21st January, 1979, the said demands were admitted in conciliation. By its order dated 22nd June, 1979, the Government of Maharashtra made the order of reference in respect of all these demands to the Industrial Tribunal in exercise of the powers conferred on it under Clause (d) of sub-section (1) of section 10 read with sub-section (5) of section 12 of the Industrial Disputes Act, 1947. A copy of the said order of reference is appended to this judgment for the sake of ready reference in view of it being contended by the employees that the impugned Award is beyond the scope and ambit of order of reference. The parties filed their respective pleadings and led oral and documentary evidence.

(3.) PENDING the reference, the respondent No. 1-Union entered into settlements with some of the employers and pursis were filed to the effect that the respondent No. 1-Union did not want to prosecute the reference as regards some of the employers whose names are to be found in para 6 of the Award. The Saloons are registered under the Bombay Shops and Establishments Act, 1948. Very very few workmen are employed in these establishment. In some of these establishments, the workmen employed are only two. The sole proprietor or partners of Saloons also work in most of the Saloons. In most of the cases, employers and workmen, both, belong to the weaker section of the society.