Decided on August 09,1961

Workmen Of Continental Commercial Company P Ltd Appellant


B.N.BANERJEE, J. - (1.) AS between respondent 3, Continental Commercial Company (Private), Limited, (hereinafter referred to as the 'company') and their workmen (the petitioners herein), there had been a settlement arrived at in course of a conciliation proceeding, as far back as 19 July 1949, by which disputes between them, inter alia, concerning pay scale, dearness allowance and sick leave were settled as hereinafter appearing: (1) Basic pay. - -Special grade - -Rs. 130 -10 -200 (at the discretion of the company and on the merit of the employees concerned) - - Grade A - -Rs. 70 -4 -134. Grade B - -Rs. 60 -2/8 -90 (Matriculate), Grade C - -Rs. 55 -2/8 -80 (non -Marticulate). (2) Dearness allowance. - -Grade A - -Rs. 40, Grades B and C - -Rs. 35. (3) Mechanic apprentices. - -The maximum period of apprenticeship should ordinarily be 1 to 1 years, Naturally at the end of one year or 1 years he should either be absorbed as a permanent worker or discharged with the necessary certificate of training, provided of course he has qualified for such a certificate. No one should be kept on apprenticeship beyond this period except on his own request. (4) Semi -skilled mechanic - -Basic pay Rs. 35. Dearness allowance Rs. 25. (5) Skilled mechanic - -Minimum basic pay would not be less than Rs. 60 per month and minimum dearness allowance not Jess than Rs. 35 per month. (6) Darwans. - -Basic pay Rs. 30 -1 -45. Dearness allowance Rs. 25. (7) Peons. - -Basic pay Rs. 25 -1 -40. Dearness allowance Rs. 25. (8) Coolie and bearers. - -Basic pay Rs. 20 -1 -45. Dearness allowance Rs. 25 minimum. Regarding sick leave it was settled under the agreement that it would remain at the discretion of the company.
(2.) THE petitioners, however, made a grievance that the aforesaid settlement was not fully implemented by the company. In the year 1956, the workmen of the company formed themselves into a new trade union and started agitation over and number of their grievances, including grievances over pay scale, dearness allowance and sick leave. Failing to get redress from the company, through amicable method, the workmen sent a charter of demand to the company, on 27 August 1956, in which, amongst other demands, they also made fresh demands regarding leave, dearness allowance and scale of pay. Since no amicable solution of the demand could be found, the State Government referred the following disputes for adjudication by an industrial tribunal: (1) Dearness allowance; (2) holidays; (3) sick leave; (4) working hours; (5) pay scale; and (6) gratuity for period not covered by the provident, fund. The tribunal made an award which was published in the Calcutta Gazette, dated 2 April 1959. So far as the award regarding holidays, working hours and gratuity is concerned, I am not concerned in this rule, because the parties have accepted those portions of the award.
(3.) SO far as the demand concerned, dearness allowance, sick leave and pay scale, the tribunal held as follows: In the present case the parties did not fix date or the period of operation of the settlement (vide annexure A to the written statement of the union). The settlement, dated 19 July 1949, would, therefore, in terms of the provisions as already referred to, would continue to toe binding on the parties until terminated by either party by giving two months' notice. In the present case neither party alleged or proved termination of the settlement in the manner as already indicated. In the circumstances, I find that the settlement, dated 19 July 1949, has still been continuing, to be binding on the parties to the dispute. In view of the said fact, it is obvious that there should be no adjudication on these issues over subjects covered by the settlement as otherwise this may lead to conflicting results.;

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