BISWANTH GHOSE Vs. DEB

JUDGEMENT

(1.) THE Corporation of Calcutta employs certain contractors, who are called 'sardars,' for maintaining in proper condition the filter -beds in the Falta Waterworks belonging to the said corporation. The petitioners are three such 'sardara.' It was part of their contract to remove silt and sand from the filter -beds and refill the same according to the specifications laid down by the corporation. The petitioners in their turn employ a force of labour consisting of certain coolies and workers. As there is no guaranteed supply of work, and the volume of work varies from season to season, the employment of labour is casual and varies from time to time. The grievance of the labourers or coolies employed by the 'mrdars,' like the petitioners, was that being employed by independent contractors, they did not get the same terms and conditions of employment or amenities that they would have got, had they been employed directly by the corporation. This grievance raised an industrial dispute; and on 29 February 1956, the State Government made an order, in exercise of its powers under Section 10 of the Industrial Disputes Act, making a reference of the following issues to the fifth industrial tribunal, West Bengal, for adjudication:

(2.) THE fifth industrial tribunal took up the decision of issue (3) first of all and came to the following conclusion:

(3.) THE tribunal disposed of issue (2) in the following manner: