PATWARDHAN TAILORS POONS Vs. THEIR WORKMEN

JUDGEMENT

(1.) This industrial dispute was referred to me under S. 12(5) of the Industrial Disputes Act, 1947, by Labour and Social Welfare Department order, No. A.J.P. 71(1) 59, dated 11 March, 1959. The demands of the workmen pertain to stitching charges, holidays, sick leave, bonus, permanency and reinstatement of certain workers.

(2.) The company has taken a preliminary objection to the maintainability of the reference on the ground that the tailors who are involved in this reference are independent contractors and not the workmen of the company. The preliminary objection must therefore be first decided. Oral evidence has been led by both sides on this point and certain documents have been tendered in evidence.

(3.) This firm has three kinds of workers. There are a few who are the permanent employees of the company and who are monthly paid. There are some others who take cloth which is cut according the measurements by the cutter and go to a hall which is rented by the proprietor and stitch on the proprietor's machines. There are yet others who take cloth which is cut by the cutter and stitch it in their own homes. Sri R. S. Kulkarni who appeared for the workmen made it clear that the reference was confined to the second class of workers who stitched cloth on the proprietor's machines kept in a hall rented by him.