- (1.) THE petitioner is the Jaipur Spinning and Weaving Mills, Ltd. , Jaipur (hereinafter to be referred as "company"; represented by Sri V. N. Soral, secretary, and the respondents are the Jaipur Spinning and Weaving Mills, Ltd. , Mazdoor Union, Jaipur, represented by its President, Sri Ainshilal and the Judge of the Industrial Tribunal, Rajasthan. The petition invokes the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and prays that this Court may be pleased to issue a writ in the nature of certiorari, mandamus or any other appropriate writ, direction or order of injunction against the respondents and quash the interim award of the industrial tribunal dated 23 July 1958 so far as it decided about the question of wages to be paid to the siders working double sides in the ringframe department of the company.
(2.) THE relevant facts of the case are as follows. That, in the ringframe department of the company before 24 March 1958 only single sides were being worked by the siders, each sider attending to 200 or 220 spindles. It may be mentioned that a sider was entitled to Rs. 32-8-0 for attending 200 spindles and Rs 33-10-0 for 220 spindles plus dearness allowance of Rs. 28 per month as per earlier award published in the State Gazette of 18 April 1957.
(3.) ON 24 March 1958, the management of the company and the union through its president entered into an agreement (marked Ex. A) introducing changes in the working of the department. The relevant portion of the agreement is quoted below in extenso :-That, it is agreed between the parties that the siders in the ringframe department of the Jaipur Spinning and Weaving Mills, Ltd. , Jaipur, will henceforth attend double side, i. e. , double the number of spindles as attended by them at present: meaning thereby that those workmen (siders) who are at present attending two hundred spindles will attend 400 spindles and those who are attending 220 (two hundred and twenty) spindles will attend 440 (four hundred and forty) spindles; and in lieu thereof the workmen (siders) in the ringframe department who attend to double side will be paid Rs. 80 (rupees eighty only) per month which shall be inclusive of Rs. 28 (rupees twenty-eight only) as dearness allowance. Siders attending more than 400 (four hundred) spindles shall be paid an extra allowance which shall be computed at the rate of Rs. 1-2-0 (rupees one and annas two only) per 20 spindles over and above this basic figure for 400 (four hundred) spindles.;