VAN SANGATHAN ORIENT PAPER MILLS Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) A reference was made by the competent authority under Section 10 (1) of the Industrial Disputes Act, 1947, to the Industrial Tribunal, which reads as under: Vernacular matter omitted. It means as follows:--

(2.) ACCORDING to the Union, it is registered trade Union of the Forest Organisation of the Orient Paper Mill. The strength of the workmen of the Forest Organisation is about 300 and the Orient Paper Mill Equivalent Citation manufactures papers; and raw material for its use is collected and transported to it by the employees of the Forest Organisation. It is in the case of the Union that the Management has introduced Production Bonus scheme from the year 1965-66 for the employees of the Orient Paper Mill but the employees of the Forest Organisation were excluded from the benefit of the said scheme. According to the Union, Orient Paper Mill at Amlai and Forest Organisation are one establishment and exclusion of the employees of Forest Organisation from the purview of Production Bonus scheme is discriminatory, improper, illegal and unjustified.

(3.) IT is the stand of the Union that the workers of the Forest Organisation are employed directly by the Mills or through their agency of Forest Organisation and are covered by the definition of workers, as defined under Section 2 (1) of the Factories Act. According to the Union, the administrative control of the Forest Organisation is with the management of Orient Paper Mill, they have common balance-sheet, administrative control, accounting procedure etc. The officers and the staff of Forest Organisation are transferred from the Mill and vice versa. The President and Board of Directors are common. There is functional integrality in the working of the Forest Organisation with the Orient Paper Mill. In the aforesaid premises, it is the stand of the Union that Production Bonus scheme in vogue in relation to the employees of the Paper Mill should also be applied to the employees of the Forest Organisation.