- (1.) This appeal by certificate is directed against the judgment of the High court of judicature at Bombay, Nagpur bench, in Special Civil application No. 352 of 1961 filed by the Model Mills, Nagpur, whereby the high court held that "the petitioners would be entitled to decline to pay overtime wages on and after 26/03/1960. So far as the earlier period is concerned, they would be liable to pay the same as held by the authorities below. Subject therefore to this modification in the orders of the authorities below, that the petitioners are liable to pay double overtime wages for holidays only up to 25/03/1960 and not subsequently, the petitions are dismissed".
(2.) In this appeal the learned counsel for the workmen raised two questions which he formulated as follows : (1) What is the effect of the settlement, dated 8/12/1961 and the resultant award, dated 21/12/1961, made in reference No. 4 of 1955 by the State Industrial court on the existing agreement and rights flowing therefrom to get double wage on Sundays and holidays in addition to substituted holiday (2) What is the scope and effect of notification of State government, dated March 25, 1960, made under S. 4 (1) (a) of the Bombay Relief undertakings (Special Provisions) Act (XCVI of 1958) exempting Model mills from S. 31 of the C. P. and Berar Industrial Disputes Settlement Act, 1947, on existing rights flowing from the agreement
(3.) It appears that the Model Mills Nagpur Ltd. put up a notice on 12/06/1953, stating that the payment of double wages so far made to the workers in the Engineering Department for the work done on Sundays and other holidays will not be made as before from and after 1/07/1953. The change proposed was that after 1/07/1953, those workers would be given not double but only single wages for the work done on Sundays and other holidays. Some of the employees filed an application before the District industrial court under S. 41 of the C. P. and Berar Industrial Disputes settlement Act praying that the court should declare that the change effectedby the notice, dated 12/06/1953, was an illegal change under S. 41. The District Industrial court made the declaration prayed for and the State industrial court and the Labour Appellate tribunal maintained the declaration. Thereupon the Model Mills filed a Miscellaneous Petition (No. 501 of 1956) in the High court of Bombay at Nagpur. That petition was also dismissed by order, dated 4/04/1957, by the High court. The High court observed: "Mr.nandedkar who appeared for the petitioner tried to show that there was no agreement between the petitioner and the workers to pay double wages and give a substituted holiday, but it was only as a result of misapprehension in the mind of the management of the Mills. This is a question of fact. It has been decided by the courts below and it is, therefore, not open to the petitioner to urge the same point by this petition before us. ";