SWADESHI COTTON MILLS CO LIMITED KANPUR Vs. RAJESHWAR PRASHAD
LAWS(SC)-1960-11-27
SUPREME COURT OF INDIA
Decided on November 14,1960

SWADESHI COTTON MILLS COMPANY LIMITED Appellant
VERSUS
RAJESHWAR PRASHAD Respondents


Cited Judgements :-

AROOR CARPET FACTORIES PRIVATE VS. K N HENRY [LAWS(KER)-1963-6-15] [REFERRED TO]
YADAV STORES, NAGPUR VS. THE PRESIDING OFFICER, THIRD LABOUR COURT AT NAGPUR AND ANOTHER [LAWS(BOM)-1983-11-55] [REFERRED TO]


JUDGEMENT

- (1.)This appeal by special leave arises from an industrial dispute between the appellant M/s. Swadeshi Cotton Mills and the respondents, its employees, and the short preliminary question which is raised for our decision is whether an order should not be passed in this appeal in terms of the compromise agreement alleged to have been reached between the appellant and the respondents. It appears that on December 28, 1955, an industrial dispute between the parties was referred by the Government of Uttar Pradesh to the Industrial Tribunal, U. P. Allahabad, for adjudication under Ss. 3, 4 and 8 of the U. P. Industrial Disputes Act, 1947 (U. P. Act XXVIII of 1947) and in pursuance of the provisions of cl. 11 of G. O. No. U-464(LL)/XXXVI-B-257 (LL)/1954 issued on July 14, 1954. The dispute thus referred was whether the existing rates of wages of jobbers mentioned in the annexure employed in the weaving department of the appellant need any revision; if so with what details and from what date The Tribunal tried this issue and came to the conclusion that no case for revision had been made out by the respondents. Against this decision of the Tribunal the respondents preferred an appeal before the Labour Appellate Tribunal. Their appeal succeeded and the Appellate Tribunal directed that the award of the original Tribunal should be set aside, and that the appellant 'shall introduce from the date of reference a uniform rate of two annas in both the old and new sheds irrespective of the number of looms assigned to the line jobbers'. It would be noticed that as a result of this decision the existing rates have been revised and the revision has been ordered to take effect retrospectively from the date of reference. It is against this decision of the Labour Appellate Tribunal that the appellant has preferred the present appeal by special leave.
(2.)Pending this appeal in this Court the appellant purported to enter into a compromise with the respondents and the terms of the compromise were reduced to writing, and in pursuance of the said compromise an application was made to this Court on February 26, 1958, signed by Mr. Bagla, on behalf of the appellant in his capacity as a Director of the appellant, and Mr. Maqbool Ahmad Khan, for the respondents in his capacity as the General Secretary of the Suti Mill Mazdoor Sabha, Kanpur. This application set out the material terms of the compromise. One of the terms of the compromise is that the revised rate should take effect not from December 28, 1955, which is the date of reference but from July 1, 1957. Certain other modifications have also been made in the decision under appeal.
(3.)Before the appeal could be placed on the Board for passing orders in terms of this compromise an application was made on behalf of some of the respondents alleging that the General Secretary Mr. Khan had no authority or power to enter into any compromise as a representative of the respondents, and that the compromise alleged to have been entered into by him with the appellant was not acceptable to the respondents. In support of this case the application referred to a resolution passed by the General Council of the Mazdoor Sabha whereby it was declared that no office bearer could conclude an agreement with an employer about an industrial dispute without the consent of the General Council, and reliance was also placed on the relevant provisions in the constitution of the Mazdoor Sabha.
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