PRABHAT BRASS BAND Vs. THEIR WORKMEN

JUDGEMENT

(1.) This industrial dispute between Prabhat Brass Band, Poona, and the workmen employed under them was referred to me for adjudication under Clause (d) of Sub-section (1) of S. 10 of the Industrial Disputes Act, 1947, by Government of Bombay, Labour and Social Welfare Department, Order No. AJP. 38(1) 57, dated 28 April 1958. The demands of the workmen are mentioned in the schedule annexed to the order of reference. They will be reproduced in due course.

(2.) The usual notices were sent to the parties and the General Secretary, Band Kamgar Union, Poona, filed a statement of claim on behalf of the workmen on 16 May 1953. In response to the general notice under form VIII, 52 workmen who styled themselves as the present employees of Prabhat Brass Band, Poona, filed a separate abatement of claim on 30 June 1958. To the first statement of claim which was filed by the Band Kamgar Union, the firm filed its written statement on 7 July 1958.

(3.) Some preliminary objections to the maintainability of the reference have been raised in the written statement. They are as follows :- Paragraph 3 :