ISLAMPUR MUNICIPALITY Vs. THEIR WORKMEN

JUDGEMENT

(1.) THIS industrial dispute between the Islampur municipality, Urun-Islampur, and the workmen employed under it was referred to me for adjudication under S. 12 (5) of the Industrial Disputes Act, 1947, by Government of Bombay, Development Department order No. AJU/1335, dated 27 October 1955.

(2.) IN Para. 3 of the written statement the following preliminary objection to the maintainability of the reference is taken :-

(3.) SRI Diwan's argument was that all the employees of the municipality cannot be included in the reference because some of these might not be "workmen" as that work is defined in the Act. I requested Sri Diwan to state precisely who according to him could not be covered by the reference. He submitted a list at Ex. C. 1 and has excluded one executive officer, one head clerk, one suboverseer, one inspector, 4 clerks and 16 Naka Karkuns from the reference. In support of his argument Sri Diwan referred me to the case of the Budge Budge Municipality [1953 - I L. L. J. 195] decided by five Judges of the Supreme Court. And Sri Diwan read only the following concluding portion of their lordships' judgment : (P. 202)