Ravi S. Dhavan, J. - (1.) This petition by the National Textile Corporation, a public sector undertaking impugns the award of the Industrial Tribunal (III), Kanpur upon adjudicating adjudication case No. 331 of 1975 in the matter relating to 10 employees working at the establishment of the National Textile Corporation, U.P. Limited, Unit, Muir Mills, Kanpur.
(2.) The facts of the case are that the aforesaid employees on being dissatisfied in being paid Rs. 2/- per day as wages as against Rs. 253/- paid as basic wage and dearness and food allowance to other workmen, sought parity in receiving wages equal to the other employees in similarly situated work, but denied to them. Thus, they raised an industrial dispute.
(3.) The matter which was referred for adjudication was to the effect, whether these employees were working at the establishment in continuous service were entitled to the same wages as others in the same establishment and if that was so, then with what further reliefs and from which date. Before the Industrial Tribunal it was the contention of the workmen that they were employed at the concern on various dates between 1961 to 1969 and they were discharging permanent nature of work which was part and incidental to the manufacturing process of the industry owned by the concern aforesaid. It was submitted before the Industrial Tribunal by the workmen that whereas they as, employees were insured under the Employees' State Insurance Act, 1948 and were members of the Provident Fund Scheme under the Employees Provident Funds and Family Pension Fund and Misc. Provisions Act, 1952 and notwithstanding that they were in continuous service, they were singled out for payment at the rate of Rs. 2/- per day while others received Rs. 253/- as basic wage and dearness and food allowance. It was further contended that they were not allowed the benefit of leave with wages under Section 79 of the Factories Act, 1948. They demanded parity of emoluments and equity of conditions of services.;