PANDAY (S.N.) Vs. STATE OF WEST BANGAL

JUDGEMENT

(1.) THE Marwari Relief Society (hereinafter referred to as the 'society') is a company incorporated under the Companies Act and one of its objects is to supply essential commodities to the members of the public at cheap rates. It claims to be a non -profit making concern. The society has various departments, including hospitals, charitable dispensaries, sanatorium, relief work, training in craftsmanship, etc. It runs also a sweetmeat shop.

(2.) THE petitioner is the secretary of the Marwari Relief Society Mazdoor Union, a registered trade union of the workers in the different departments of the society.

(3.) INTERVENTION of the Labour Commissioner was sought by the workmen in the matter, by letter, dated 31 August 1959. Conciliation proceeding, however, was not immediately taken up. It was only on 5 March 1960 that a labour officer for the first time took step calling for a joint conference between the Representatives of the management and the workers, in the matter of the charter of Remands. On 4 April 1960, the society sent its comments on the charter of demands to the following effect: That the claim of 8 working hours and the farther claim of bonus at 2 months' and 3 months' rate as made by the union is absolutely untenable and mala fide. That on 9 September 1959 the workers themselves have addressed to the secretary of the society a memorandum wherein they themselves have Agreed to work for 10 hours a day according to the provisions of Bengal Shops and Establishments Act, 1940. The claim of 8 hours per day is therefore mala fide and should be rejected. A copy of the said memorandum is annexed herewith for your kind perusal. The claim of bonus at various rates as made in the charter of demands is also not legally maintainable inasmuch as in the award between the same parties passed by Sri M.N. Gan, Judge, and published in the Calcutta Gazette of 14 May 1959, the learned Judge has found that this society was running at a loss since the year 1955 -66 until 1967 -58 and accordingly rejected the claim of months' bonus after thoroughly considering the merits of the claim. In the year 958 -59 there has been no improvement in the situation, and the society is still running at a loss. This being the position, the question of payment of 3 months' profit bonus does not arise at all. The claim of Puja bonus at 2 months' rate is hereby categorically denied by the society inasmuch as this society has never granted any Puja and/or customary bonus.