K AND C DAGA Vs. K S PILLAY

JUDGEMENT

(1.) THE facts of this writ petition are that the Bikaner Gypsums Ltd. used to hire labour through contractors for doing certain jobs including the job of loading gypsum from the railway siding to the railway wagons. The contractors in their turn used to employ labour on piece rate basis. The workmen of the Bikaner Gypsums Ltd raised a dispute regarding increase of dearness allowance, which was referred for adjudication to the Industrial Tribunal at Jaipur. Meanwhile, an interim relief in the dearness allowance was allowed to its workmen by the said Company. The piece rate labour of the contractions also clamoured for dearness allowance and on 26 -2 -66 a settlement was reached between the petitioner contractor M/s K. and C Daga and his workmen. The first of the terms of the said agreement was that the labour shall get the same relief as will be granted to the worksmen of M/s. Bikaner Gypsums Ltd. in accordance with the award that the said Tribunal may give. The second of the terms was that the workmen shall be granted an interim relief by suitable revision of the existing rates w.e.f. 1 -2 -66 and the arrears shall be paid on or before 7 -4 -66. The award of the Industrial Tribunal was given on 26 -12 -66, but it was challenged before the Supreme Court and ultimately, the appeal was disposed of in accordance with a compromise reached by the Company and the workmen on 2 -10 -67. The piece rate labour went on strike from 6 -10 -67 to 20 -10 -67 and a settlement between the petitioner and the labour was arrived at on 21 -10 -67 as a result of conciliation proceedings. The terms of this second settlement were that the contractor will pay an advance of Rs. 5/ - per head to each loading labour by 26 -10 -67. This advance will be payable only once and will be aojusted with the arrears of wages payable in terms of the award of the Industrial Tribunal, otherwise, it will be recovered from the wages for the month of January, 1968. Besides, the following two questions were agreed to be referred to an Industrial Tribunal for adjudication under Section 10(2) of the Industrial Disputes Act, 1947; namely:

(2.) THE said terms were referred to an Industrial Tribunal constituted by the Central Govt. presided over by Shri Jawansingh Ranawat. This reference is published in the Gazetu of India Dec. 23, 1967. The workmen and their Union also filed a claim under Section 33(C)(2) of the Industrial Disputes Act, in the Central Govt. Labour Court at Jaipur for determination of the amount due to the petitioners according; to the terms of the settlement dated 26 -2 -66. A notice wad again to the petitioners to file a reply by 9 -2 -68. The petitioners prayed for extension of time for one month. A notice was again served upon the petitioners to appear on 20 -2 -68. The petitioners again sought an adjournment by telegram dated 27 -2 -68. But the learned labour Court disposed of the application ex -parte on 2 -4 -68, determining the total amount of interim relief at Rs. 14,921.82. The Regional Labour Commissioner, respondent No. 1, Mr. K.S. Pillai, directed the petitioners on 20 -5 -71 to make the payment in terms of the Labour Court's order within 15 days failing which steps for recovery of the amount were to be taken under Sub -section (1) of Section 33C of the Industrial Disputes Act, 1947. The petitioners raised an objection that the application for recovery of money made by the employees was made after one year from the date on which the also said that most of the workmen concerned had left the services after final settlement of their dues and, therefore, no recovery could be effected. The objections were rejected by the said Regional Labour Commissioner on 28th July, 1971. He again directed the petitioners to make payments within 15 days.

(3.) NO one has appeared on behalf of the opposite party and Mr. Ugam Raj Tatia submitted his arguments on behalf of the petitioners.