BOMBAY GAS COMPANY LTD Vs. KULKARNI R N

JUDGEMENT

(1.) The judgment and order in Special Civil Application No. 1404 of 1962 will also govern the disposal of Special Civil Application No. 1460 of 1963. In both these applications, the petitioner, the Bombay Gas Company, Ltd., is an employer within the meaning of the Industrial Disputes Act. Respondents 2 in both the application are the two employees who originated the proceeding before the first labour court, Bombay, out of which these petitions arise. Respondent 1 in both these petitions is the first labour court itself presided over by Sri R. N. Kulkarni.

(2.) Sometimes in the year 1953, disputes arose between the employer and his workmen, and the disputes were referred to the arbitration of Sri S. H. Naik. Sri Naik made an award on 28 December 1953, and in the present petitions we are concerned with one part of that award which deals with the benefit given to the workmen of privilege leave. The benefit granted by the award was, as appears from Paras. 25 and 26 of that award, in the following terms :-

(3.) Since the making of that award, it appears that its terms were implemented without dispute till the year 1958. As to how they were implemented is today in dispute. On 18 July, 1958, respondent 2 in Special Civil Application No. 1404 of 1962 made an application purporting to be under S. 33C(2) of the Industrial Disputes Act, 1947, claiming that the benefit of 21 days' privilege leave be given to him. A similar application was subsequently preferred by respondent 2 in Special Civil Application No. 1460 of 1963 on 25 July 1963. Both the workers claimed that the amount at which the said benefit of privilege leave is given to them by Naik award should be computed and the amount determined by the labour court. It was the case of the employee in Special Civil Application No. 1404 of 1962 that the employer had not granted him the full 21 days' privilege leave each year in 1954, 1955, 1956 and 1957 in spite of the fact that he had been in his employment during those years. In the other Special Civil Application No. 1460 of 1963, the same right has been claimed except that it is for six years.