- (1.) A dispute was raised by the union known as "Khardah Jute Mill Shramik Congress" on behalf of 18 female workers whose complaint, inter alia, was that they were not made permanent in their employment by the Khardah Company Limited the appellant herein. The allegation is that the company has made fresh recruitment of a large number of male badli or casual workers and have made many of them permanent in their employment or at least have given provident fund facilities to many of them by ignoring the claim of the aforesaid 18 female workers. The further allegation is that the aforesaid 18 female workers should have been made permanent on the basis of the recommendation of the Jute Wage Board.
(2.) The aforesaid dispute not having been settled the matter was referred to the West Bengal Government who in their turn referred the following issue to the Tribunal: 1. Whether the management is justified in refusing to make the following workmen permanent? To what relief, if any, are they entitled? Mill No. 1 (i) Munari, (ii) Jitiya, (iii) Johari, (iv) Samrajia, (v) Sarjudei, (vi) Ramratia. Mill No. 2 (i) Rampati, (ii) Kalpatia, (iii) Majnuna. (iv) Ramrajia, (v) Phuljharia, (vi) Mankia, (vii) Tetari, (viii) Genwa, (ix) Dhanbati, (x) Manji, (xi) Ramadei, (xii) Champa.
(3.) The Union thereafter, filed its written statement wherein it was stated that the Industrial Committee on Jute decided that the list of Badlis should be frozen as on 2nd August, 1958 and there should be no further recruitment until Badli workers on the list had been suitably absorbed. In matters of employment the frozen listed workers were always entitled to priority over others. The 18 female workers of the Winding Department of the mill have been working since long before 1958 and they were on the rolls of the working complement which was 6050 on 1st January, 1963. The Union further stated that it was agreed through the medium of Jute Wage Board that 85 per cent of the said complement would be made permanent and the remaining workers in the complement should be heated as special Badlis who would have all the facilities that a permanent worker is entitled to. The Union alleged that the company have made fresh recruitment of a large number of male Badli or Casual workers most of whom have been made permanent or at least the provident fund facilities had been made available in their case, ignoring the claim of the said 18 female workers who should have been made permanent while implementing the recommendations of the Jute Wage Board. It is contended that the company has violated the tripartite agreement in recruiting the fresh Badlis before absorbing the frozen listed Badlis and further that the company has thereby failed to implement the recommendations of Jute Wage Board so far as its direction was concerned for giving permanency to the jobs of the said workers.;