R.R.MISRA, J. - (1.) THE British India Corporation Ltd., petitioner, is a Government of India Corporation and is running a Woollen Mill known as 'Cawnpore Woollen Mills Branch, popularly known as Lal Imli'. In the Weaving Department of the said Mill there are employees known as Checkers, who were being paid wages on piece -rate and daily wage basis. The said Checkers raised a demand for payment of wages on monthly rate basis. Accordingly the State Government referred the dispute for adjudication to Industrial Tribunal, Allahabad, which was registered as Adjudication Case No. 82 of 1972 before the Industrial Tribunal. The said Tribunal gave an award holding that the workers were not entitled to monthly wages. Aggrieved against the award aforesaid, the workers filed a Writ Petn. No. 8093 of 1972 in this Court, which was allowed by a Division Bench of this Court on 3rd May 1978. The Industrial Tribunal was directed to rehear and decide the dispute according to law after giving the parties an opportunity to produce further evidence. In pursuance of the same, after remand the case was registered as Adjudication Case No. 63 of 1975. Parties filed fresh written statements and rejoinder affidavits. They also led evidence. This time also the Industrial Tribunal gave its award dated 26th February 1979 against the workmen. Consequently, the workmen filed another Writ Petn. No. 6104 of 1979, which was allowed by this Court on 26th April 1983 and the case was remanded back to the Industrial Tribunal with directions to decide the dispute afresh after taking into consideration the entire relevant materials on record.
(2.) THIS time after remand one of witnesses examined 'before the Industrial Tribunal by the management was Sri V.J. Rao. On a consideration of the materials on record the Industrial Tribunal gave its award on 3rd August 1983 and held as follows:.Accordingly, I direct that the Checkers will be placed on monthly rate system with effect from 18th March 1972 and the benefits accruing in consequence of this will be paid and made available to them within a month of the Award became enforceable. Aggrieved against the aforesaid award the petitioner has filed the present writ petition in this Court. I have heard learned Counsel for the petitioner. The first submission made by the learned Counsel for the petitioner is that the Industrial Tribunal has not gone into the nature of the duties and the difference of duties of Perchers and Checkers. In this connection he submitted that the Perchers do the same work which is done by Checkers but at two stages. The Perchers work while the cloth is still on loom and their duty is to find out the defects and remove them. The Checkers do the same work when cloth is taken out of loom. They also find out the defects in the cloth and remove the same. This feet was admitted by Sri V.J. Rao in his statement in following words, which is at pages 90 and 91 of the paper book (Annexure 10 to the writ petition): The Percher category of workmen get wages on monthly basis. To start with Perchers were Checkers. The Perchers' duty is to examine the cloth on parcha (Roller) while the duty of the Checker is to check cloth when it is in the process of being woven. The duties of Checkers and Perchers are similar but at different stages. When a Percher goes on leave, senior Checker works in his place.
(3.) SRI Mahendra Pratap Singh was examined n behalf of the employers before the Industrial Tribunal. His statement is Annexure -11 to the writ petition. At page 93 of paper book he has stated that when cloth is being woven on the loom the first responsibility for the process is that of weaver. When weaver has woven 6' of cloth on the loom the cloth after a fresh warp is gated on the loom is checked by the Checker. In case the Checker finds any defect in the woven cloth at this stage of checking on the warp or weft, he himself corrects the warp or weft. After a cloth has been woven then the piece is sent to the perching section of the mill for final perching done by two Perchers. If the Perchers discover any defect in the piece, they call the weaver, the checker or mistri who ever is responsible for the defect and some times the weft mistri and ask them to remove the defects. He further stated; 'When a Percher goes on leave then his substitute is appointed from amongst the Checkers.';