The Civil Court lacks jurisdiction to interpret awards without prior recourse to designated labor tribunals under S.36A of the Industrial Disputes Act.

1. The appellant companies were the defendants in a suit, brought by the Respondent Union, for a declaration that, under an award of the Industrial Tribunal, the workers, that is, the working staff of the aforesaid companies, who constituted the above Union were entitled to double of their daily wages for working on Sundays and other holidays, exclusive of or in addition to their monthly salaries, and for a permanent injunction restraining the defendant companies from making compulsory deductions from the salaries of the employees concerned in terms of their circular, dated August 10, 1957. The suit was instituted on August 26, 1957, and it was eventually decreed by the learned Subordinate Judge on contest on March 22, 1958. Against this decree, the present appeal was filed on May 1958.

2. The material facts lie within a short compass and the material events, which led to the institution of the instant suit may in the context of the relevant facts, be set out as follows :

3. By two orders, dated February 18, 1948, and June 4, 1948, of the Government of West Bengal, the industrial dispute between the appellant companies and their workmen in West Bengal as represented by the respondent Union, were referred to the Industrial Tribunal, consisting of Sri Ashutosh Das Gupta, Additional District Judge. On August 30, 1949, the said Tribunal gave its award, which was duly published on September 17, 1949, and given effect from 1st January, 1949.

4. One of the aforesaid disputes related to overtime allowances. It consisted of two parts, one concerning week days and the other Sundays and holidays. In the employees' charter of demands overtime allowance was claimed, so far as week days were concerned, at one and half day's pay in addition to usual pay and in regard to holidays at double the day's pay in addition to usual pay.

5. The award on this point was as follows :
"1. If any clerk or a member of the subordinate staff mentioned above is detained beyond the scheduled hours under order of the departmental heads, he shall receive extra payment at 1.25 times the normal rate of wages calculated per hour. Half an hour or part of an hour over half an hour shall be taken as one full hour and part of an hour less than half an hour shall be ignored. It follows that no employee shall be entitled to any overtime for less than half an hour. For works after midnight overtime allowance shall be paid at double the normal hourly rate.
2. For working on Sundays and holidays, I think that a substituted holiday for each Sunday or holiday worked is sufficient compensation to the employees. The Central Pay Commission has discouraged extra payment for Sundays and holidays except where there is special strain or prolonged employment during night where such employment is frequent. Those who are employed on Sundays and holidays very frequently shall get double of their normal pay (that is one extra) for Sundays and holidays worked without any substituted holidays. Those who are employed on three Sundays or holidays or more in a month shall be deemed to have been employed frequently during Sundays and holidays.
5. Motor Drivers : The works of the Motor Drivers shall be distributed in such a way that they are not actually detained for more than 8 hours a day on each of the week days - Monday to Friday and 4 hours on Saturday. If their services are not required during any interval, they should be permitted to leave the office. Such intervals shall be scheduled on the Notice Board of the Companies at least 24 hours and if possible 48 hours in advance. If he is detained beyond the aforesaid hours he should receive extra payment at 1.25 times the normal rate of their wages per hour. Part of an hour less than half an hour in a day shall be ignore