- (1.) THIS petition under Articles 226 and 227 of the Constitution is directed against an award dated 27 April 1964 whereby the industrial court, Madhya Pradesh, rejected the demands of Central India Electric Supply Company Workers' Union (hereinafter called the union) and directed that Central India Electric Supply Company, Ltd. (hereinafter called the company), would be entitled to recover the amounts paid as interim relief to its employees from the retrenchment compensation payable to them.
(2.) THE facts giving rise to this petition are not in contest and may be shortly. stated. In the year 1958, there was a dispute between the workers of the union, who are employed in the power-house at Katni, and the company, who was their employer, about certain demands made by the workers. In due course, a reference was made under Section 38a of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. The award made on that reference was announced on 20 March 1962 and it rejected the demands except in regard to dearness allowance in part and free allowance of electricity. The workers applied for a review of this award, but their application was dismissed on 2 August 1962. Thereupon, on 17 November 1962, the union gave" a notice intimating its intention to terminate the award in so far as the demands of the workers were rejected. That was followed by a notice of change dated 21 January 1963. Since no agreement was reached and the conciliation too failed, the State Government made on 14 March 1963 a fresh reference under Section 51 of the Madhya Pradesh Industrial Relations Act, 1960, and, on 25 May 1963, added to the six items covered by that reference one more item, namely, interim relief. By an order, dated 19 July 1963, the industrial court directed that interim relief be given by paying 10 per cent of the basic wages, subject to a minimum of Rs. 5 per month, from 1 April 1963. Ultimately by the award, which is challenged in these proceedings, all the demands of the workers were rejected.
(3.) IN the earlier reference, three of the demands related to revision of dearnesa allowance, grafting of grades and increments and introduction of a gratuity scheme. In the award made on that reference, it was found that the rates of dearness allowance paid to the workers, except in regard to those drawing wages between Rs. 63 and Rs. 85 per month, were higher than those at which the allowance was given to the employees of Madhya Pradeah Electricity Board. It was in this situation that the dearness allowance payable to the workers drawing wages between Rs. 63 and Rs. 85 per month was equated with that paid by the Madhya Pradesh Electricity Board to its similar, low-paid employees. But the demands for grant of grades and increments and introduction of a gratuity scheme ware expressly rejected, In the new references under Section 51 of the Madhya Pradesh Industrial Relations Apt, 1969, only these three demands were pressed. When this reference was pending, final steps had been taken for terminating the licence of the company and for the undertaking being taken over by the Madhya Pradesh Electricity Board from 4 May 1964. In rejecting the demands, the industrial court held that (i) the deciaion on the earlier reference operates as res judicata, and (ii) there is, even otherwise, no case on merits for accepting those demands. ;