ENGINEERING GENERAL KAMGAR UNION Vs. BEST COTTON COMPANY

JUDGEMENT

(1.) This is a petition under Art. 227 of the Constitution of India praying for the quashing of an award dated 17 March, 1967, made by the industrial tribunal, Bombay, in Reference (I.T.) Nos. 212 of 1965 and 44 of 1966. The petitioner is a trade union representing majority of the workmen employed by respondent 1, and respondent 2 is the tribunal.

(2.) Respondent 1 company had during the material time in its employment about sixty workmen. On 1 September, 1964, the petitioner sent a charter of demands to respondent 1 pertaining to gratuity, casual leave, sick leave, uniforms, stop-day allowance, lunch allowance, acting allowance, etc. As conciliation in respect of these demands failed, a report was made to the Government which made a reference on 23 June 1965. By another charter of demands on 8 April 1965, a demand for bonus for the financial year 1964-65 ending on 31 March 1965 was made. A separate reference dated 10 February 1965, was made in respect of this demand. The petitioner filed a statement of claim. Respondent 1 filed its written statement in respect of the first reference but failed to file any written statement in the matter of second reference. Both the references, however, were heard together and a common award (Ex. B) was made in respect of both of them.

(3.) During the hearing of these references respondent 1 produced its balance sheet and profit and loss account for the year 1964-65 showing a gross profit of Rs. 4,18,800 and a net profit after certain deductions amounting to Rs. 75,497. Respondent 1 refused to produce its balance sheets and profit and loss accounts with regard to the years 1961-62 to 1963-64.