HARALAL SADASHEORAO BANDE Vs. STATE INDUSTRIAL COURT NAGPUR

JUDGEMENT

(1.) THIS judgment will also dispose of one of the common points arising in this petition and in Special Civil Application No. 704 of 1964, which was heard along with the main petition at the request of the parties, and which is regarding interpretation of S. 37 and S. 38-A of the C. P. and Berar Industrial Disputes Settlement Act, 1947.

(2.) THE petitioners in Special Civil Application No. 684 of 1964 are the elected representatives of the Assessment Inspectors employed in the Assessment Department of the City of Nagpur Corporation. They were so elected at a meeting held by the Labour Officer of the Government on 28-7-1962. After their election as such on 4th of August 1962, the petitioners gave a notice of change under S. 32 of the C. P. and Berar Industrial Disputes Settlement Act, 1947, demanding (1) that the Assessment Inspectors working in the Corporation should also be paid a motor-cycle allowance of Rs. 40 as was paid to other inspectors, and (2) that their pay-scales should be revised with effect from 1st March 1960.

(3.) IT does not appear that even an attempt was made to hold negotiations in respect of this demand. We are surprised that in spite of the provisions of s. 32 (20, which cast on obligation on an employer to hold negotiations with the representatives of the employees concerned in respect of the demands, no attempt should have been made on behalf of respondent No. 2 to hold such negotiations. As no negotiations were at all held, it follows that there was no agreement between the parties with regard to the demands made in the notice. As the petitioners still desired a change to be effected, they forwarded a statement of the case in the prescribed form to the office of the Deputy Commissioner of Labour at Nagpur, and a copy of the same was sent to the Labour Commissioner at Bombay. The petitioners have further alleged that their statement of the case and notice in form O were scrutinized in the office of the Deputy Commissioner of Labour at Nagpur. It was pointed out to them, as a result of the scrutiny, that demand for revision of pay-scales could not be adjudicated or considered for conciliation because there was already an award by which the pay-scales of the Assessment Inspectors were fixed in 1957. This award is called the Majumdar Award and will be referred to as such whenever necessary.