ELPHINSTONE SPINNING AND WEAVING MILLS COMPANY LTD Vs. ITS WORKMEN

JUDGEMENT

(1.) This industrial dispute was referred to me under S. 10(1)(d) of the Industrial Disputes Act, 1947, by the Labour and Social Welfare Department, under its No. AJE. 1758, dated 2 February, 1959. The demands pertained to wage-scales for clerical and technical staff, adjustment, uniforms and gratuity. I made an award on 22 June, 1959. The company preferred in the Bombay High Court Special Civil Application No. 1255 of 1959 under Arts. 226 and 227 of the Constitution of India. There the parties arrived at a settlement and the High Court passed the following order :

(2.) When the case was called out before me, Sri M. L. Bhakta, advocate for the company, and Sri K. P. Sachindranath for the union, filed a joint pursis which is in the following terms :

(3.) In the case of the Associated Cement Companies, Ltd. [1960 - I L.L.J. 1] the Supreme Court had to deal with the question whether the limestone quarry and the cement manufacturing plant which was some distance away form the quarry were part and parcel of one and the same enterprise. The quarry was governed by the Mines Act and the cement manufacturing plant was governed by the Industrial Disputes Act. The quarry supplied to the factory the limestone. There was a strike in the quarry. As a result of the strike the work in the factory was considerably reduced and the management laid off the workmen in the factory. Their lordships observed : Page 5 :