Sinha, C. J. - (1.) This is an appeal by special leave from the Award dated 15-11-1956, made by the Industrial Tribunal, Assam. The dispute arose between the employers, the Indian General Navigation and Railway Company Limited, carrying on business at No. 4, Fairlie Place, Calcutta, and the Rivers Steam Navigation Company Limited, carrying on business at No. 2, Fairlie Place, Calcutta, which will be referred to, in the course of this judgment, as 'the appellants', and their workmen at Dhubri Ghat, represented by the Dhubri Transhipment Labour Union and Dhubri Local Ghat Transhipment Labour Union, Dhubri, which will be referred to hereinafter as 'the respondents'. The Award aforesaid was published in the Assam Gazette on 19-12-1956.
(2.) It is necessary to state the following facts in order to appreciate the points arising for decision in this case:The appellants carry on business of inland water transport in North East India and in Pakistan, in association with each other, and are commonly known as the Joint Steamer Companies. The appellants jointly maintain a large number of wharves, jetties, godowns, etc., at different river stations in India and in Pakistan, for the purposes of their business. One such station is at Dhubri in Assam. At that station, a large number of workmen are employed for the purpose of loading and unloading the appellants' vessels and for transshipping goods from railway wagons to the appellants' vessels and vice versa. Before May, 1954, such workmen were employed by a contractor called the Assam Labour Supply Syndicate which will hereinafter be referred to as 'the Syndicate'. Those workmen were organised under two labour unions, called (1) the Dhubri Transhipment Labour Union which was affiliated to the Indian National Trade Union Congress which is a Federation of Trade Unions, and (2) the Dhubri Local Ghat Transshipment Labour Union. There were differences between the Syndicate and its employees who made certain demands, and had threatened to go on strike to enforce their demands. Conciliation proceedings under the Industrial Disputes Act, 1947 (which will hereinafter be referred to as the Act), took place, in the course of which certain agreements to be referred to in greater detail hereinafter, were reached between the Syndicate and the respondents on 23-2-1953, and 30-3-1953. On 3-5-1954, by virtue of a Memorandum of that date, an agreement was arrived at between the appellants and the respondents, whereby the appellants agreed that instead of employing a contractor to handle the work of loading and unloading and transhipment of goods, the appellants would employ supervisors and agents to handle the work "pending the proposed Tripartite Conference to decide the issue of permanent direct employment of employees for the future". The appellants also agreed to maintain continuity of service of the workmen and the existing terms and conditions of their service. The Tripartite Conference contemplated by the Agreement, was to consist of the representatives of the appellants, the workmen and the Government of Assam. As a result of the Tripartite Conference held on July 9 and 10, 1954, an agreement was reached between the appellants and the Indian National Trade Unions' Congress, which was incorporated in the form of a letter dated 16-7-1954, from the General Secretary of the Congress, Assam Branch, Dhubri Ghat, to the several Unions at different stations, including Dhubri. As a result of this agreement, the appellants agreed, inter alia, to introduce permanent direct employment at all the transhipment ghats of Assam, progressively, without prejudicing the agreement of 3-5-1954. It will be necessary hereinafter to consider some of the terms of this agreement in detail, when dealing with the several points in controversy between the parties.
(3.) After the agreement aforesaid, there arose certain differences amongst the workmen represented by the two Unions aforesaid, in respect of the election of their office-bearers. As a result of those internal dissensions amongst the employees, two rival groups, each claiming to represent a section of the workmen, came into existence. The appellants, thereupon, notified the Indian National Trade Unions' Congress that recognition to the Dhubri Transhipment Labour Union, was being withdrawn pending satisfactory settlement of the internal differences. Thus, came into existence, a new Trade Union known as the Dhubri Transhipment Workers' Union, in or about July, 1955. Meanwhile, between 2-5-1955, and 31-7-1955, the appellants, on five different occasions and on different charges, dismissed eight of their employees, after making such inquiries as they thought necessary against those workmen, and after giving them each an opportunity of explaining their conduct.;