Judgment

GROVER, J.: - This is an appeal by special leave from an award of the Industrial Tribunal-cum-Labour Court, Jabalpur.

2. The appellant company owns and manages, inter alia, seven collieries in the district of Dhanbad. In the year 1956 an All India Industrial Tribunal known as the Mazumdar Tribunal gave an award in respect of colliery disputes. In this award, commonly known as the Mazumdar Award the wage structure was fixed inter alia for the clerks employed in the various collieries including those belonging to the appellant company. The scales of salary under the said award were fixed as follows:

Grade III - Rs. 36.3.75

Grade II - Rs. 45.3.54.4.80.

Grade I - Rs. 60.4.80.5.115

According to this award Bonus and Provident Fund Clerks were put in Grade II and Leave Clerks etc. in Grade III. The said scales were fixed by consent on the statements placed before the Tribunal by the Indian Mining Association and the then Principal Labour Federation. The appellant had fixed its own grades according to which the salaries were being paid at the time of the implementation of the Mazumdar Award and, therefore, it suitably raised the Award scales of pay as follows without disturbing the categorisation:

Grade III - Rs. 45.3.78.4.82.

Grade II - Rs. 60.5.100

Grade I - Rs. 87.7.115.8.131.9.158

Till 1959 Provident Fund accounts of the workers were maintained at different collieries but bonus accounts and leave with pay and railway fare accounts were being maintained at the Central office which was at that time situated at Digwadih. The clerks mentioned at serial nos. 1 to 17, 19, 20, and 22 to 20 of the Order of Reference on which the present award was given by the Industrial Tribunal were working either in the Bonus section in the Central Office or at, the Provident Fund Sections at the collieries and they were all placed in Grade II. The clerks mentioned at serial Nos. 18, and 21 were given Grade III on their appointment. In the year 1959 a decision was taken by the management of the appellant to amalgamate the bonus -posting work and Provident Fund card posting work by introducing Bonus - cum-Provident Fund card replacing the Bonus Registers and the Provident Fund Cards. It was considered that by this merger certain duplication of work would be avoided. After distribution of work according to the new decision the Central Office was doing the work connected with the Provident Fund, Bonus and Leave with wages and railway fare.

3. The dispute which arose and led to the making of the reference dated November 7, 1964 under Section 10 (1) of the Industrial Disputes Act, 1947, hereinafter called She Act , related to 29 clerks of the Central Bonus and Provident Fund Section. The only question was whether they were entitled to the higher scale of Grade I.

4. The Tribunal held that before the new system had been introduced of getting the work of posting of Bonus and Provident Fund etc. at the Central Office the clerk had simply to do the work of posting Bonus or Provident Fund in respective form or register. He did not have to perform the multifarious duties connected with Bonus, Provident Fund, leave with pay and railway fare besides drafting letters for government authorities as had to be done after the introduction of the new system. Moreover the Senior Superintendent of the office, Mr. Shivam, insisted on having the progress register of work done by each clerk and as such the progress register had to be maintained. The Tribunal relied on the evidence of Shri Shivam and Shri P. C. Chariam which showed that even after the delinking of Provident Fund claim from Bonus scheme it was made obligatory on the part of the employers to maintain Bonus register in Forms, and also to submit monthly returns of the annual Provident. Fund membership. Moreover the clerks had to deal with various types of correspondence also. Reference was made to other evidence which showed that the appellant had to pay a good deal of overtime wages from 1960 to 1966 and it be