BHAWANI SINGH Vs. JUDGE INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR

JUDGEMENT

(1.) THESE writ petitions are directed against the order of the Industrial Tribunal, Rajasthan, Jaipur, dated 27th June, 1972, and since they arise out of the same proceedings and common questions of fact and law are involved, I propose to dispose them of by a single judgment.

(2.) THE respondent No. 2 is a union of the employees of the various Household Departments of the Maharaja of Jaipur, such as, City Palace, Motor Garage, Gardens and Nursery, Atish Stables, Dairy and Farming. In the City Palace are Museum, Farrashkhana and Baggikhana and Kapatdwara On 10-3-1969, respondent No. 2 presented a charter of eight demands before the Household Management, but they were rejected. No settlement before the Conciliation Officer could be arrived at, hence the Government of Rajasthan by notification dated 17th October, 1969 (a copy of which has been placed on the record and marked Annexure A) referred the following dispute (translated into English) to the Court - "are the following demands of the employees of the various Household Departments of the Maharaja of Jaipur presented by the Jaipur Horse Breeding & Riding Association Karamchari Sangh before the Master of Household ju3t and proper? If not, to what relief are the employees entitled? (a) Should the employees be given Dearness Allowance in accordance with the recommendations of the Mathur Committee and should they be awarded arrears of the past years? (b) Should the scale of pay of the employees be fixed and should they be awarded an increment of Rs. 20/-per year for the last five years? (c) Should the employees be awarded bonus for the past years in accordance with the provisions of the Bonus Act ? and (d) Should the employees be awarded house rent and medical? "

(3.) "industry"" has been defined in sec. 2 ( j ) of the Act as follows - "2 (j) "industry,' means any business, trade undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; " Sec. 2 (k) defines "industrial dispute" as follows - "2 (k) "industrial dispute" means any dispute or difference between employees and employers or between employers and workmen, or between workmen end workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; "