J.K.Tandon, J. - (1.) These two petitions are by Messrs. Shimbhaoli Industries Private Limited, Simbhaoli, district Meerut. Petition No. 3524 of 1957 arise out of an arbitration award made upon a reference under Section 5-B of the United Provinces Industrial Disputes Act, 1947, wherefor an industrial dispute concerning three persons, who were Khurshed Ali, Ram Swamp and Lal Singh on the one hand and petitioner on the other, was referred to the arbitration of one Sri Khannu who is the Presiding officer of the Labour Court at Meerut. The other writ petition No. 3525 of 1957 arises out of a dispute referred under Section 4-K of the same Act under an order dated 28th August 1957 passed by the Deputy Labour Commissioner, U. P. This related to the employment of one Sri Kripal Singh as Stillman in the above factory. Since some of the questions raised in the dispute referred under Section 5-B were similar to these arising in the reference under Section 4-K, Sri Khanna decided both the matters simultaneously by his order dated 5th October 1957 which in due course was published by the Government in accordance with the provisions of the U. P. Industrial Disputes Act, 1947. There is no dispute that the subsequent action taken by the Government on the decision by Sri Khanna was in accordance with law. Under the circumstances it is not necessary to refer to the steps taken in that behalf by the Government.
(2.) In order to appreciate the controversy more-fully, it is necessary to state certain facts. The petitioner company deals in the manufacture of alcohol. In the process of manufacture it is necessary to employ Still-men and Firemen. The duties of Stillman and Fireman are respectively to look after the distillation unit and the operation of the boiler. The petitioner has in the case of the fireman not admitted that the fireman's duties include attendance on the boiler, on the other hand, according to him, a Fireman has to look after the fire and fire-box and dampers and cleaning of lamp etc. The rest of the work connected with the operation of the boiler is, according to him, the duty of the boiler attendant. This aspect, however, does not seem to be material in this case as shall be pointed out in due course. Formerly there used to be two designations in each case, stillman and assistant stillman, and fireman and assistant fireman, respectively. There were in the past three stillmen who were Badan Singh, Rajendra Prasad and Anup Singh and three Assistant Stillmen who were Kripal Singh, Khurshed Ali and Nathu Ram. Similarly there used to be Bakshi Ram and Puran Singh as firemen and Ram Swarup and Lal Singh as assistant firemen. In course of time Badan Singh and Rajendra Prasad stillmen left their jobs. The reason for their leaving is not necessary here. Kripal Singh and Khurshed Ali were appointed to carry out the duties that used to be performed by them. Likewise Ram Swarup and Lal Singh were appointed to carry out the duties of fireman. The pay admissible to a stillman is higher than that admissible to an assistant stillman. In the same way, there is difference in the emolument of a fireman, and an assistant fireman. The leave rules applicable to them also are different. In the case of a fireman the amount of leave admissible is larger than in the case of an assistant fireman. Similar is the case with respect to stillman and assistant stillman. It appeared that once Kripal Singh and Khurshed Ali and similarly Ram Swarup and Lal Singh had been put on the duties of a stillman and fireman resportively. They expected the employers to extend to them the emoluments and advantages belonging to the post of stillman and fireman respectively. But in August 1956 the employers introduced in the case of stillman two new grades under the designation of senior stillman and junior stillman. Anup Singh who was a stillman in the past was then designated as senior stillman but Kripal Singh and Khurshed Ali, though they were working in the vacancies created by the removal of the other two stillmen, were designated as junior stillmen. The condition of service of junior stillman, as settled by the employers, did not entitle these persons to the higher emoluments belonging to the post of still-man and now, since the change in the designation, to the post of senior stillman. These persons nevertheless claimed that they were doing the work of a stillman, and as such were entitled to all these privileges and blamed the employers for withholding them by this method. Ram Swarup and Lal Singh also claimed that since they were working as firemen they were entitled to the salary etc. payable to a fireman. Here it may be stated that the change of designation in August 1956 from stillman to senior stillman and junior still-man was done by the factory after approval by the Factory Inspector. The petitioners have made a ground for this reason that the employees had no right to interfere or object to this change which, in the first instance was a matter of internal management which was in their exclusive discretion and clearly that sanction had been obtained from the Factory Inspector. I shall revert to this matter later also.
(3.) In due course, these disputes were referred to Sri Khanna in the manner already referred ,to above. Here, it may be necessary to refer to the notification by which the reference was made to the labour court under Section 4-K. The dispute referred was as follows : "Should the employers be required to designate Sri Kripal Singh as stillman and allow him the facilities and amenities of the post? If so, with what details ?";