KRISHNA STEEL INDUSTRIES PRIVATE LTD Vs. ITS WORKMEN INCLUDING THE STAFF

JUDGEMENT

(1.) This is a reference made to me under S. 36A of the Industrial Disputes Act, 1947, for interpretation of the award in Reference (I.T.) No. 165 of 1957 in the dispute between the Krishna Steel Industries (Private), Ltd., Bombay, and the workmen (including the staff) employed under it. The dispute in the said reference related to three demands - (1) production bonus, (2) lockout and lay-off wages for the period from 25 February 1957 to 24 April 1957, and (3) the reinstatement of two workers Sri Mohamed Yasin and Kasim Sharmuddin. With regard to the said two workers the demand stood thus :

(2.) In the reference the award dated 12 June 1959 was given by the then industrial tribunal consisting of Sri J. A. Baxi and it has been published in the Bombay Government Gazette, Part I-L, dated 25 June, 1959, at pp. 2772 to 2787. The demand 3 regarding the reinstatement of the aforesaid two workers has been considered from Para. 35 at p. 2785 onwards and in Para. 38 the tribunal has observed :

(3.) It appears that the workers were chargesheeted on 26 April 1957 and suspended with effect from the same date. Eventually they were dismissed for an alleged misconduct on 6 May, 1957 and in implementation of the award they have already been reinstated on 19 August, 1959 together with payment of back-wages from 26 April, 1957 to 19 August, 1959. As conceded on behalf of the company, it is further prepared to give and has already given all the other advantages or benefits due to the workmen concerned. There has arisen a difference between the parties only on one point and that is with respect to the payment of production bonus for the intervening period. In making the present reference by the Government letter No. AJK 8160/LAB-II, dated 10 August 1960, it has there been stated :