NATIONAL UNION OF COMMERCIAL EMPLOYEES Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This petition has been filed by the National Union of Commercial Employees for a writ or direction to set aside an award passed by the industrial tribunal, respondent 1 to this petition, in a dispute which was referred for its adjudication. The dispute was raised by the workmen who are employed in Bombay By three concerns, A.H. Wheeler & Co. (Private), Ltd., the Wheeler Distributors (Private), Ltd., and the Symonds Distributors (Private), Ltd., which are respondents 2 to 4 to; this petition. These concerns have their head offices in Allahabad and branch offices in Bombay. All the shareholders of the three concerns belong to a family consisting of two brothers, their wives and their sons. Respondent 2, A.H. Wheeler & Co., is an old concern which does business of booksellers and has a large number of stalls in various railway stations. Till 1962 all the thirty workmen who are interested in this dispute, and who are represented by the petitioner-union, were the employees of respondent 2, A.H. Wheeler & Co. In 1962, respondents 3 and 4 companies were formed and some of these thirty workers were transferred to those companies. It is common ground that the employees of the three concerns have similar working conditions. The impugned award of the industrial tribunal proceeds on the basis that the conditions of work of the employees of the three concerns should be the same. That basis was not disputed before us.

(2.) The award relates to three demands :

(3.) Sri Dudhia who appeared before us on behalf of the petitioner-union attacked the validity of the award in respect of the provisions made on all these demands.