JAMUNA PRASAD SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) AN industrial dispute between the management of the Bihar Cotton Mills Ltd., Phulwarisharif, Patna, and their workmen presented by the Phulwarisharif Suti Mill Mazdoor Union was referred by notification dated the 31st of October, 1963 under Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), hereinafter called the Act, to the Industrial Tribunal, Bihar. There were two points of dispute referred. The second one related to the payment of bonus, the claim in regard to which was not accepted by the Presiding Officer of the Industrial Tribunal in his award dated 25-11-64, a copy of which is ANnexure 2 to the writ application. We are not concerned with that point in this case. The first point of reference was in the following terms:-- Whether as per recommendations of the Central Wage Board for textile industry, there should be linking of dearness allowance with the cost of living index number as well as merger of a part of the dearness allowance with basic wages ?

(2.) IN the award which was made by the Tribunal and published by the Government under Section 17 of the Act, it was decided that out of the sum of Rs. 22.62 which was being paid as dearness allowance Rs. 16.65 representing three-fourth of it should be merged in the basic wages of the workers and the remaining Rs. 5.97 would be fluctuating dearness allowance which will vary according to rise and fall in the cost of living index, as indicated in the award, taking the price index number 480 being the price index of 1st January, 1960 as the base and neutralisation would be at the rate of 18 paise per point per mensem of any rise above it and if there would be any fall, there was to be corresponding decrease in the dearness allowance at the same rate. It was further decided that the rise and fall were to be reviewed every six months after obtaining figures from the Statistical Department of the Bihar Government. As regards the arrears of dearness allowance for 1960, 1961 and 1962, the claim on behalf of the workmen pressed by their union was that they were to be allowed on the annual average of the Patna centre. This seems to have been accepted by the Tribunal.

(3.) FOR enforcing the benefits of the award a claim was lodged before the Government in accordance with Section 33C of the Act. Upon this, on the 22nd of March, 1965 a reference was made which was numbered as Reference 3 of 1965; this was by Notification No. IC-40106/65-L & E-2008 of the date, and it reads as follows: Whereas the workmen named in Annexure 'A' are entitled to receive from their employer, namely the Bihar Cotton Mills, allowance, in terms of the award of 25th November, 1964 of the Industrial Tribunal, Bihar, in Reference No. 31 of 196 3; And, whereas it is necessary to determine the amount at which such benefits should be computed and recovered from the said employer; Now, therefore, in exercise of the power conferred by Sub-section (2) of Section 33C of the Industrial Disputes Act, 1947 (XIV of 1947), the Governor of Bihar is pleased to specify the Labour Court at Patna constituted by the State Government under Section 7 of the said Act as the Labour Court for determining the amount in money value to which the workmen are entitled to.