Judgment

SYED JAFER IMAM, J. : These two appeals have been heard together as their arise out of the same award given by the Fifth Industrial Tribunal of west Bengal, hereinafter referred to as the Tribunal, in an industrial dispute which had, been referred to the Tribunal by the Government of West Bengal by its order dated the 5th of April, 1955, as amended by an order of that Government dated the 26th of May, 1955. In Civil Appeal No. 673 of 1957 Burn & Co. Ltd., hereinafter referred to as the Company, is the appellant whereas in Civil Appeal No. 674 of 1957 the workmen of Burn & Co. Ltd., are the appellants. The order of the Government of West Bengal referring the industrial dispute to the Tribunal contained a schedule of 32 items which were referred for its decision. The appeal preferred by the Company is confined to Items Nos. 1, 2, 4, 5, 12, 14, 18, 19 and 27 were as the appeal by its workmen covers Items Nos. 1, 2, 4, 12, 14 and 23.

2. It will appear from the award that some time in 1948 Refractory and Ceramic Workers Union, Raniganj, Burdwan, hereinafter referred to as the Union, was formed who represent the workmen in the present dispute. The relation between the Union an th