Judgment

ALAGIRISWAMI, J. :- The first batch of appeals are by the Hindusthan Lever Ltd. (hereinafter called the Employer) and Civil Appeal No. 1759 of 1971 is by the Mazdoor Sabha of the workers of the same employer in its Calcutta Branch.

2. The Calcutta Branch was concerned only with marketing. From the year 1956 at least, if not earlier, the company s marketing organisation was in three divisions, the Soaps Division, the Foods Division and the Toilet Preparations Division. From 6-9-66 the Company reorganised this marketing organisation into two divisions, the Main Lines Division and the speciality Lines Division. On 30-9-66 the Government of West Bengal referred to the Third Industrial Tribunal the following question for adjudication:

"Is the human rationalisation as a measure of economic reorganisation of the Company reflected through job-integration that have either been effected or proposed to be effected justified? To what relief, if any, are the workmen entitled?"

Pending adjudication of this issue seven workers filed applications under Section 33A of the Industrial Disputes Act before the same Tribunal alleging that during the pendency of the adjudication their service conditions had been changed adversely and their salary for the month of October 1966 had not been paid. The Tribunal held in favour of the workers and passed its award on 23-3-1967. By special leave granted by this Court the employer has filed the above 7 appeals. The main reference was finally disposed of on 11-8-69 by the same Tribunal holding in favour of the employer and the workers have, therefore, filed Civil Appeal No. 1759 of 1971 by special leave granted by this Court.

3. It should be mentioned that the Presiding Officer of the Industrial Tribunal was different in the two cases but the different conclusions arrived at by the two Presiding Officers were not due to the accident of difference in personnel. There was a vast mass of evidence let in by the employer in the main reference on a consideration of which the Tribunal held in favour of the employer. On the other hand the evidence in the applications, filed under Section 33A of the Industrial Disputes Act, let in by the employer was meagre and the Tribunal came to the conclusion on the material available before it that the conditions of work of workers had been changed to their prejudice, that the reorganisation was likely to lead to retrenchment and that the matter thus fell under Item 10 of Schedule IV of the Industrial Disputes Act. The evidence given in the main reference not being part of the evidence in these 7 cases it is not open to this Court to take it into consideration in deciding these 7 appeals. On an exhaustive consideration of the material in both the awards we have come to the conclusion that both the awards should be upheld.

4. Though the decision in the appeals by the management is based on the finding of the Tribunal that the conditions of work had been changed to the disadvantage of the workers, and the decision in the appeal filed by the workers is in effect that the conditions have not been so changed, that is due to the evidence available in the two cases. Mr. Tarkunde appearing on behalf of the workers in the appeal filed by them in C. A. No. 1759 of 1971 in effect invited us to re-assess the evidence in that case. His whole point was that the reorganisation effected by the management in September 1966 was one which attracted items 8, 10 and 11 of the IVth Schedule to the Industrial Disputes Act and as such a notice in accordance with Rule 34 of the West Bengal Industrial Disputes Rules and Form (E) appended to those rules, under Section 9A of that Act was necessary. He was at pains to establish this proposition lest it should affect the workers in the other 7 appeals filed by the employer.

5. This Court in considering a matter under Article 136 does not ordinarily re-assess the evidence on the basis of which the Tribunal came to its conclusions. It will interfere with the