DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED Vs. WORKMENIN ALL THE

JUDGEMENT

(1.) On March 4, 1966 an order under S. 10 (1) and S. 12 (5) of the Industrial Disputes Act (hereinafter referred to as the Act) was passed over the signature of Secretary (Industries and Labour), Delhi Administration, Delhi referring to the Special Industrial Tribunal certain matters set forth in the Schedule annexed thereto for adjudication. According to the recitals in the order, it appeared to the Delhi Administration from a report submitted by the Conciliation Officer under S. 12 (4) of the Act that an industrial dispute existed between the managements of Delhi Cloth Mills and Swatantra Bharat Mills and their workmen represented by four different Unions and the Chief Commissioner, Delhi, was satisfied on a consideration of the said report that the said dispute should be referred to an Industrial Tribunal. The terms of reference specified in the Schedule are re-produced below:

(2.) The report of the Conciliation Officer shows that trouble had arisen over the claim of bonus in the Delhi Cloth and General Mills and Swatantra Bharat Mills, two units of the same company. The report also shows that at a meeting convened at 2-30 p. m. on February 23, 1966, the Works Committee recommended the payment of bonus should be suspended pending examination of the entire issue in conciliation or otherwise. But before this could be announced, workers started demonstration outside the mill premises of the first named unit and became violent. To quote from the report: 'As the situation became tense inside the mill premises and the workers left work, the management closed down the turbine at about 4 p. m. on 23-2-1966. Later on, at about 11.00 p. m. the management put up a notice that in view of the prevailing circumstances in the Mills, it was not possible to work the mills until conditions become normal..................As there was no improvement in the situation and as workers who were inside the mills were reported to have caused further damage to the mill property, the management declared a lock-out at about 6 p. m. on 24th February, 1966...................................... The workers, however, are very much restive over the management's declaration of lock-out." With regard to Swatantra Bharat Mills, the report runs:

(3.) The Management filed a statement of case before the Special Tribunal on April 9, 1966 and the Unions filed separate statements of case between April 10, 1966 and April 13, 1966. There were Replications and Rejoinders up to May 21, 1966.