HIDAYATULLAH, J. - (1.) THE Dharangadhra Chemical works, Dharangadhra, and their workmen went to an adjudication before the industrial tribunal, Gujarat, on a reference made by the Commissioner of Labour. Ahmedabad, in the delegated exercise of the powers of the Government of Gujarat under S.10(2) of the Industrial Disputes Act, 1947. Both sides had raised several matters of dispute and they are mentioned in Schs. A and B annexed to the order of reference. Matter 3 in Sch. A (which contained matters raised by the management) was "reduction of the number of workers in the various departments" and it included a statement showing the designations and number of workmen proposed to be reduced from different departments. They are 813 out of a total complement of 1, 339 workmen. The other matters in dispute raised by the management concerned closure of the painting and canteen departments of the factory. The demands of the workmen were many and varied and these included an item - "non-employment of contract labour in the factory for work which was of a usual or permanent nature."
(2.) ALTHOUGH the reference was made as far back as 26 September, 1961 the adjudication has resulted in a partial award given on 10 May, 1963. By an order, dated 16 January, 1963, passed by the tribunal, the hearing of the reference was confined in the first instance to the proposed reduction in the loading, unloading, painting, masonry and carpentry departments. The company had asked for the reduction of 813 posts. These included 307 existing vacant posts, 138 posts of the category of relievers, a further 12 posts in certain departments, where some shifts were not run and 357 posts in other department. The company also proposed to arrange for loading and unloading (involving 125 posts) and factory clearing (involving 40 workmen), through contractors. The other posts were sought to be abolished for diverse reasons.We are concerned in this appeal, by special leave, against the partial award, dated 10 May, 1963, with the unloading coolies (all females) numbering 107 out of the general coolie gang who were all daily-rated. These unloading to the company and unloaded wagons. This work is going on from 1939 and some of the coolies have been working for years. Formerly 90 persons were so employed but in 1957 disputes having arisen the number was increased to 107. The arrival of wagons at the siding is, however, not regular or uniform. Annexure D to the statement of claim of the company dated of 6 January, 1962 shows the daily arrival of wagons month by month between 1 April, 1959 and October, 1961. The figures are for 31 months and the break-up gives an idea of the average arrivals per month : 200 to 300 wagons - 2 months (July, 1960 and September, 1961). 300 to 400 wagons - 2 months (July, 1959 and August, 1960). 400 to 500 wagons - 2 months (October, 1959 and February, 1961). 500 to 600 wagons - 5 months. 600 to 700 wagons - 12 months. 700 to 800 wagons - 3 months. 800 to 900 wagons - 3 months. 900 to 1, 000 wagons - 1 month (December, 1959). 1, 000 to 1, 100 wagons - 1 month (January, 1960). The average arrival of wagons per day is about 25 except in about a month or two in the year when it is less and a month or two in the year when it is more.
(3.) THE tribunal purported to apply tests laid down by this Court in Standard Vacuum Refining Company of India, Ltd., v. their workmen and another [1960 - II L.L.J. 233] and adopted by the Nineteenth Session of the Tripartite Conference held at Bangalore and held that this work was not a "perennial nature" but was intermittent and did not permit of the employment of a certain fixed number of whole-time coolies every day without loss of man-hours all the year round. The tribunal, therefore, held that the company was entitled to get the unloading work done by the employment of one or more contractors, ensuring, however, that the company should see that coolies who are retrenched but have not resigned should get preference in employment and that the contractors do not employ men where workmen were previously employed. The award contains some other matters to which no reference need be made.In this appeal Sri C. T. Dharu commenced his argument by challenging this party of the award. He stated that there were 307 existing vacant posts and employment of retrenched coolies ought to have been considered in the contended that the question of employment of contract labour in work of this kind should have been considered in the general context of the demands of the workmen and he challenged the construction placed by the tribunal on the ruling of this Court cited earlier. He also contended that these coolies ought not to have been retrenched but ought to have been kept as temporary or badli coolies for other departments.;