- (1.)THESE two appeals are directed against the judgment and order of Prodyot Banerjee, J. dated 21-9-1970 setting aside the award of the Industrial Tribunal so far as the issue of gratuity is concerned and remitting the matter back to the said Tribunal for reconsideration of the said issue in accordance with law. The appeal from Original Order No. 20 of 1971 is preferred by the employees' union against the said order of remand and Appeal No. 335 of 1970 is preferred by the employer against that part of the order which affirms the Tribunal's award with respect to leave.
(2.)JESSOP and Co. Ltd. is one of the leading engineering concerns in India. It employs about 10,000 employees in the Head Office and in its factory at dum Dum. The company was a party before the Omnibus Tribunal known as mercantile Tribunal and the award of the said Tribunal was made on 1st June, 1949. Then 1955, the Union, representing the workmen of Dum Dum Works submitted a charter of demands. As the conciliation proceeding with respect to the said demands failed, the State government made a reference in October 1957, to the 4th Industrial Tribunal, west Bengal, for adjudication of certain issues including the issue regarding age for retirement. The said Tribunal's award was published in the calcutta Gazette on February 25, 1960. The employees union moved the Supreme Court against the said award. The supreme Court by its judgment dated 2nd August, 1963, modified the award of the Tribunal by rising the retiring age from 55 to 58 years. In view of the changed circumstances after that award in 1965, the employees' union made fresh demands and three conciliation proceedings started. The said conciliation proceedings failed. So, the respondent No. 4, the State of West bengal by an Order dated October 11, 1966, made a reference under section 10 of the Industrial Disputes Act, 1947, to the 5th Industrial Tribunal, West bengal. The issues referred to the said tribunal for adjudication were: (1) retiring age of the clerical and subordinate staffs (2) leave (3) gratuity. On 20th October, 1967, the Tribunal made and published its award. By the said award, the Tribunal refused to enhance the age of retirement, raised the ceiling of gratuity from Rs. 5000/-to Rs. 6000/- and, regarding the leave, the Tribunal found no material to increase the casual leave but, held that the members of the clerical staffs and the subordinate staffs could enjoy the same; there was no change in the medical leave but with regard to privilege leave, the Tribunal found that the said leave should be 14 days cumulative upto 28 days for those who have not completed 10 years' service; and, for those who have completed 10 years' service, privilege leave will be 21 days in a year cumulative upto 42 days.
(3.)ON 25th April, 1968, the employer company, respondent No. 1, moved this court in an application under Art. 226 of the Constitution against the said award of the Tribunal and obtained a rule nisi. The said Rule was ultimately heard by Banerjee, J. and, the learned judge by his judgment and order dated 21st September, 1970, remanded the matter back to the Tribunal for consideration of the award so far as the gratuity was concerned and affirmed the tribunal's award regarding the issue of leave.