STATE OF U P Vs. MUIR MILLS CO LTD
HIGH COURT OF ALLAHABAD
STATE OF UTTAR PRADESH
MUIR MILLS CO.LTD.
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Jagdish Sahai, J. -
(1.)BY means of these two connected special appeals the judgment of V.D. Bhargava. J. dated 14-3-1961 is challenged. Special Appeal No. 319 of 1961 has been filed by the State of U. P., the Conciliation Officer and the Assistant Labour Commissioner, U. P., Kanpur Region, while special appeal No. 580 of 1961 has been filed by the workmen of the Muir Mills Company Limited Kanpur.
(2.)ON the 9th of January 1957 the State Government referred a dispute to the Conciliation Officer, U. P., to the following affect: "Whether the employers have wrongfully and/or unjustifiably increased the work load of their doffers mentioned in the annexure with effect from July 31, 1957? If so, to what relief, if any, are the workmen concerned entitled?" The reference was made at the instance of the workmen. The complaint of the workers is that the work load on the doffers working in the Muir Mills Company Limited, Kanpur (hereinafter referred to as the Mills) has increased and the work which was being done formerly by eight doffers, is now being done by four doffers and for that reason the doffers were entitled to an increase in their wages.
Sri Raghudatt Pant, the Conciliation Officer, framed the following three issues: 1. Have the employers reduced the number of doffers after 31st July 1955? 2. Has there been an increase after 31st July 1955 in the speed of the machines with the result that more doffs are produced from the machines? 3. Have additional duties been assigned to doffers after 31st July 1955?
Sri Pant answered issue No. 1 against the workmen, in favour of the mills and held that the number of doffers remained the same. On issue No. 2 the finding of Sri Pant is that in room No. 1 there has been increase in the work of doffing and that justice demanded that there should be an increase in the wages of doffing. The award is in Hindi and the words used are *********** On issue No. 3 Sri Pant has held that along with their usual work the doffers have to do some work of a different type also in the shape of cleaning of the bobbin box, transport of goods, cleaning of the machinery etc., which were not included in their original duty. The exact words used are ***********
(3.)HAVING recorded the findings mentioned above, the Conciliation Officer said that his decision was that the work load of the doffers working in the carding department in room No. 1 had increased and that even though this increase in the work load was not wrongful, it was not fair or justified. The exact words used by Sri Pant are: ********
The Conciliation Officer gave his award dated 31st October 1957 directing an increase of Rs. 3 P.M. each in the wages of the doffers working in room No. 1. This award was notified for enforcement by means of a notification No 5927(TD)/XXXVIA-6 (TD)/55, dated December 12, 1957.
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