SIRUR MUNICIPALITY GHODNADI DISTRICT POONA Vs. WORKMEN SIRUR MUNICIPALITY

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India challenging the Award Part I made by the opponent No. 2, as the Industrial Tribunal of Bombay, in the dispute which was referred to him under Section 10 (1) (d) of the Industrial Disputes Act, 1947, between the petitioner, who is the Sirur Municipality (A District Municipality functioning under the Bombay District Municipal Act, 1901), and opponent No. 1, who are its employees represented by the Poona Mazdoor Sabha. The Award was submitted by the opponent No. 2 to the Government on 20th April 1959 and was published in the Bombay Government Gazette, Part I-L, on 21st May 1959.

(2.) THE dispute related to the pay-scales, allowance, leave, etc. of the employees of the petitioner and the categories of employees mentioned in the order of reference were as follows : (i) Municipal Secretary. (ii) All Clerks except Naka Clerk. (iii) Municipal Fitter. (iv) Assistant Fitter, Lamp Lighter. (v) Municipal Checker. (vi) Naka Clerk, Sanitary Mukaclam. (vii) Peon, Road Mazdoor, Oilman and Rat Destroyer. (viii) Sweepers and Scavengers. (ix) Maid Servant. (x) Nurse. Before the Tribunal a preliminary objection was raised by the petitioner as to the maintainability of the reference. It was contended that the categories of employees mentioned in the application were not engaged in activities which fell within the definition of "industry" contained in the Industrial Disputes Act, that the Industrial Disputes Act was not applicable to the dispute, that the Reference was not valid and that the Tribunal had no jurisdiction to entertain the Reference. The Part I Award, which is the subject-matter of the present application, is the decision of opponent No. 2 on this preliminary objection raised by the petitioner. The opponent No. 2 has held that the demands of all the categories of employees enumerated in the Reference can be dealt with by him and he has, therefore, directed that the matter should be set down for hearing on merits.

(3.) ALTHOUGH in the objection taken by the petitioner it was contended that none of the categories of the employees was engaged in an activity, which was an industry within the meaning of the Industrial Disputes Act, the petitioner admitted before the Tribunal, that the Municipal fitter, the Assistant Fitter and the oilmen would come'within the operation of the Industrial Disputes Act. The preliminary objection, however, was pressed with regard to the rest of the categories of employees mentioned in the Reference.