Judgement

HIDAYATULLAH, J. :- This is an appeal by special leave against the award dated March 31, 1964 of the Industrial Tribunal, Maharashtra in a Reference by Government under S. 10 (1) (d) of the Industrial Disputes Act, 1947. The appellant is a Trade Union established on January 1, 1962 by the employees of Ghatge and Patil (Transports) Private Ltd. and the respondent is the Company. The Company has its registered office at Kolhapur and is engaged in the transport and removal of goods by road. It operates on a large scale owning at the material time as many as 70 trucks and plies them from Kolhapur (where the registered office of the Company is situate) to far off places such as Bombay, Poona, Bangalore, Goa and Madras.

2. On January 14, 1963, the Union served a notice of demand upon the Company asking for the abolition of a newly introduced contract system for the running vehicles. This was referred first to the Conciliation Officer, but later the reference was made by Government as stated already. The dispute arose in the following circumstances :

3. For the operation of its trucks the Company was previously employing 70 drivers ors and an equal number of cleaners. On January 8