- (1.) These two appeals arise from the same award of the Industrial Tribunal, Delhi, and shall be dealt with together. There was a dispute between the management of Messrs. Slay and Baker (hereinafter called the company) and its workmen with respect to various matters, which was referred for adjudication on January 6, 1956. The tribunal gave its award on October 19, 1957, and it is this award which is being assailed in these two appeals by the company as well as the workmen. It is not necessary to set out the points of dispute in detail. We propose to confine ourselves to the points raised by learned counsel on either side in the respective appeals and shall start with the company's appeal.
(2.) The first item relates to medical facilities. The main attack of the company is on that part of the award which directs the supply of injections or patent medicines at half cost when the company's doctor certifies that these are essential for the employee in question and this direction its to cover products other than those of the company. It is urged that this will increase the burden on the company enormously. However, the direction is subject to the further overall direction that the cost of medical assistance in any one year shall not exceed one month's salary including allowance of a particular workman. In the circumstances, the contention of the company that it will increase the burden on this head enormously is not justified. We, therefore, reject the contention.
(3.) The next contention is with respect to leave facilities. The tribunal has directed that accumulation of privilege leave shall be allowed up to the maximum period of twelve weeks. This direction is attacked on the ground that it is against the provisions of S. 22 (1) (b) (i) of the Delhi Shops and Establishments Act, No. VII of 1954. This contention must succeed, for S. 22 (1) (b) (i) provides that privilege leave admissible may be accumulated upto the maximum period of thirty days. It was, therefore, not open to the tribunal to allow accumulation of leave upto twelve weeks. The award of the tribunal is, therefore, modified and the accumulation of privilege leave is allowed upto thirty days only as provided by law.;