HINDUSTHAN STEEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is the Hindus-than Steel Ltd. , Rourkela, represented through its deputy General-Manager, which is operating the Steel Plant as a Public Sector undertaking at Rourkela in the district of Sundergarh, having its head-office at ranchi. This petition under Article 226 of the Constitution of India was filed for issuance of a Writ of Certiorari or any other appropriate writ or Order for quashing the award passed by the Industrial Tribunal, Orissa, opposite party No. 2, which has been published in the Orissa Gazette dated 30-4-65

(2.) THE petitioner commissioned the Steel Plant at Rourkela in the year 1959, and in the year 1961, the petitioner-company introduced a scheme of production-bonus to enhance the production, including within its ambit certain categories of workmen who, as the management then thought, were directly responsible for the increased production. This scheme was for a period of three years and after its expiry, a new production-incentive-scheme was introduced by the management with effect from 1-8-64. This new scheme was, for the most part, a reproduction of the old scheme with certain modifications at places, and brought within its range, new categories of workmen over and above those already covered by the old scheme. The new scheme was adopted by the Board of Directors of the management on 3-2-64 and was introduced after an agreement with the recognized Labour Union, viz. , Hindusthan Steel Ltd. Worker's Association. By virtue of that agreement, the original scheme was accepted by the Labour Union subject to this condition that the benefit of that scheme shall be extended to some new classes of workers enumerated in that agreement.

(3.) THE management did not extend the S ew incentive-bonus scheme to the vehicle-rivers of the Hindusthan Steel Ltd. , Rourela, on the ground that the nature of their work has no nexus with the production. Thereby a dispute arose between the management of the H. S. L. and its drivers represented through the Rourkela mazdoor Sabha, and the Labour Department of the Government of Orissa by its order dated 22nd January 1964, referred the said dispute to the Industrial Tribunal for adjudication. The question thus referred was framed as follows: "whether the vehicle-drivers of the Hindusthan Steel Ltd. , Rourkela, are entitled to production Bonus? If so, at what rate?".