NAIK N M Vs. COLABA LAND MILLS

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India wherein the petitioners pray for quashing the orders made on 6 February, 1958, by the industrial court, Bombay (opponent 3 herein), dismissing the petitioners' appeal, as well as for setting aside the order made by the labour court on 11 December, 1957.

(2.) The facts and circumstances giving rise to this petition, in brief, are : The petitioners claim to be working as foremen in the Colaba Land Mills, opponent 1 hereto (hereinafter referred to as "the mills"). They say that there was an award made by the industrial court on 26 May, 1956, in the matter of payscales for the technical and supervisory staff in the cotton textile mills in Bombay. The parties to this award were Rashtriya Mill Mazdoor Sangh reprinting the employees in the textile mills of Bombay (hereinafter referred to as "the sangh") and the Millowners' Association, Bombay, representing the millowners. According to the petitioners, this award is binding on opponent 1 mills. They further claim that according to this award they are entitled to a pay-scale per month of Rs. 215 - 15 - 260 - 20 - 340 as and from 1 May, 1955. They further say that Clause 1 of the award specifically provided that the existing technical and supervisory staff, including Assistant Engineering, shall be classified in the categories of

(3.) They further say that this award, in terms, provides that it would not be open to the management to create a new category or a new cadre or a scale not envisaged by the agreement. According to the workmen, they were working as foremen in opponent 1 mills since 1948 and that it was not open to opponent 1 mills to designate them as electricians. It was also, on account of the terms of the award, not open to the sangh, the representative union of opponent 1 mills, or opponent 1 mills, to change their designation and create a new cadre or a new grade not envisaged in the award. They, therefore, submit that the action taken by opponent 1 mills and the sangh in changing their designation to "electricians" is mala fide and against the terms of the award. Therefore, opponent 1 mills were not justified in designating them as "electricians" and paying them at the rate of Rs. 78 per month. The petitioners, therefore, made an approach under S. 42 of the Bombay Industrial Relations Act, 1946, on 6 February, 1957, claiming that they should be paid the difference from 1 May, 1955 to the date of the notice. A reply thereto was sent by opponent 1 mills on 18 February, 1957, denying their liability to pay the same. Another approach was made by the petitioners under S. 42 of the said Act on 13 May, 1957. But as opponent 1 mills did not agree to the claim made by the petitioners, the petitioners ultimately, on 2 August, 1957, made an application under S. 78(1)A(c) of the Act, complaing against the illegal change effected by opponent 1 mills in not paying them the aforesaid pay-scale of a foreman awarded to them by the aforesaid award. In this application under S. 78(1) A(c) the petitioners prayed that they be designated as foremen and it be declared that they are entitled to the foremen's grade and pay-scale prescribed by the aforesaid award. They further prayed that opponent 1 mills be directed to pay them the difference.