The Industrial Disputes Act, 1947 forms a self-contained code with an elaborate and adequate machinery for the composing of industrial disputes, and disputes should be settled within its framework.

Headnote:
Industrial Dispute - Interim Award - Industrial Disputes Act, 1947, Section 2(b), Section 7 - The court upheld the Interim Award passed by the Industrial Tribunal, Trivandrum, in Industrial Dispute No. 13 of 1951, which ordered the management to pay wages with arrears to the retrenched workers. The court clarified the scope of the issues referred and the distinction between the date of enforceability and the date of operation of the award. The court emphasized the self-contained nature of the Industrial Disputes Act and the need for disputes to be settled within its framework.
Fact of the Case:

The appeal was against the order granting a writ of certiorari quashing the Interim Award passed by the Industrial Tribunal, Trivandrum, in Industrial Dispute No. 13 of 1951. The events leading up to the Interim Award included retrenchment of workers, a conference attended by the Chief Minister, and a report by the Chief Engineer (Electricity).
Finding of the Court:

The court found that the Interim Award was not vitiated and should be allowed. It clarified the scope of the issues referred and the distinction between the date of enforceability and the date of operation of the award. The court emphasized the self-contained nature of the Industrial Disputes Act and the need for disputes to be settled within its framework.
Issues: The issues included the retrenchment of workers, payment of wages with arrears, and the enforceability of the Interim Award.
Ratio Decidendi: The court clarified the scope of the issues referred, the distinction between the date of enforceability and the date of operation of the award, and emphasized the self-contained nature of the Industrial Disputes Act.
Final Decision: The appeal was allowed with costs, and the court emphasized the need for disputes to be settled within the framework of the Industrial Disputes Act.

Judgment :-

1. This is an appeal from the order of Subramonia Iyer, J., in O.P. No. 15 of 1952 granting the petitioner's prayer for a writ of certiorari quashing the Interim Award passed by the Industrial Tribunal, Trivandrum, in Industrial Dispute No. 13 of 1951, on the ground that it is in excess of jurisdiction and contains an error apparent on the face of the record. We have carefully considered the Award in the light of the observations of the learned judge and have come to the conclusion that no infirmity vitiates the Award and that this appeal has to be allowed.

2. The following chronological narrative details the events that led up to the Interim Award:-28-4-1951: Retrenchment of 14 workmen. 2-5-1951: Dismissal of 14 more workmen.

9-6-1951: Conference attended by the Chief Minister and others at which the following resolutions were recorded:

"[1] It was agreed that the total number of workers required for the efficient working of the Nagercoil Electric Supply Corporation be decided by the Chief Engineer [Electricity]. The number of people required in the various sections of the Corporation will also be decided by the Chief Engineer [Electricity].

[2] Actual retrenchment if it is ultimately found to be necessary will be effected by the management in consultation with the Labour Commissioner, or Assistant Labour Commissioner.

[3] Till retrenchment if found necessary is given effect to, the 14 workers retrenched as well as 14 workers dismissed will be paid their wages by the employer from the date of their retrenchment or dismissal as the case may be. The arrears will be paid on or before 12th June 1951.

[4] The Union agrees to call off the strike, satyagraha and other demonstrations started by them in this connection".

16-6-1951: Report of the Chief Engineer (Electricity) the relevant portion of which reads as follows:

"The work connected with the electric supply in Nagercoil comprises of operation of the Power-house for about 3 hours daily, maintenance of the distribution system, service to consumers, meter reading and billing for the energy consumed. There is practically very little new construction work and all that the Licence has to carry out is maintenance of the existing system. For this purpose; the staff employed by him as shown in Statement I is more than ample and I do not consider that there is any scope for providing employment for more staff. The retrenchment proposed by him was therefore quite in order though the method adopted is quite irregular. I have made a comparison of the number of people engaged by him with the Government owned distribution systems of similar size, and I am quite satisfied that the staff employed by him at present is quite sufficient for maintaining the system very efficiently.

I may however remark in this connection that the method adopted by the Licensee for retrenching is not in conformity with any accepted principles. If Statement II is perused, it will be seen that he has retrenched several people who have had long service while he has retained persons with comparatively short period of service. At the time of retrenchment, no proper explanation has been given for retrenching persons with long service, and therefore the grievances of the strikers appear to be genuine as far as this aspect is concerned. This is a matter for the Labour Commissioner to go into and he may be given instructions to take suitable action".

14-8-1951: Reference of the following issues for adjudication by the Government of Travancore-Cochin (Industrial Dispute No. 13 of 1951):

"[1] Who are the workers that are to be retrenched from the Nagercoil Electric Supply Corporation as per the decision of the Chief Engineer, Electricity?

[2] Whether any gratuity and other benefits are to be granted to the workers on the termination of their services? If so, what they should be?

[3] Whether any arrear wages should be given to the retrenched, discharged or dismissed workers?

27-12-1951: The Interim Award in Industrial Dispute

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1953 Supreme(Ker) 137

The Industrial Disputes Act, 1947 forms a self-contained code with an elaborate and adequate machinery for the composing of industrial disputes, and disputes should be settled within its framework.

Cases Referred (1)