Mathew, J. - (1.) This appeal, by special leave, is directed against the award of the Industrial Tribunal, Gujarat dated October 27, 1967, in Reference (IT) No. 126 of 1965.
(2.) The appellant is a company registered under the Companies Act and is engaged in the business of manufacturing cement. The appellant owns and manages 16 cement works all over India Including the cement manufacturing factory at Dwarka in the state of Gujarat called "The Dwarka Cement Works".
(3.) Respondent No. 3, representing the workmen employed at Dwarka Cement Works, made a charter of demands in the year 1951 and one of the demands related to the grant of sick leave with pay to daily-rated workers. The dispute relating to these demands was settled by the award passed in reference No. 151 of 1951. In that award it was held that daily-rated workmen were entitled to 15 days sick leave with full pay subject to the condition that for obtained the leave, medical certificate of a qualified doctor should be produced. Respondent No. 2, by its letter dated November 1, 1955, terminated the award and made 17 demands which inter alia included the demand that all employees, whether daily-rated or monthly-rated should be given 21 days' sick leave with fully pay, that the sick leave should be allowed to be accumulated and that no medical certificate should be insisted upon for obtaining sick leave for less than 4 days. The Government of Bombay which, at the time was the appropriate Government, did not refer the dispute relating to the demand for sick leave for adjudication. Thereafter the second respondent, by its letter dated February 10, 1965, made a charter of demands including the demand that, the appellant should not insist upon medical certificate for granting sick leave for less than 3 days. The Government of Gujarat which was the appropriate Government, by its letter dated October 19, 1965, referred the dispute relating to the following demands for adjudication to the Industrial Tribunal Gujarat: (a) Medical Certificate not to be considered necessary in case of short and sudden illness. The Medical Certificate should not be considered necessary for getting sick leave for less than three days. (b) Allowance for driving Heavy Vehicles: Lorry or Truck Drivers, Pay Load Drivers, Tractor Drivers, Fork Lift Drivers and Drag Line Operators should be paid heavy vehicles allowance of Re. 1/- per day for each day of work from the date of the receipt of those demands.;