K.N.WANCHOO, P.B.GAJENDRAGADKAR
U. P. Electric Supply Company LTD. – Appellant
Versus
Workmen Of S. M. Choudhary, Contractors – Respondent
Judgment
WANCHOO, J.: This is an appeal by special leave against the order of the Industrial Tribunal Allahabad. The appellant is the U. P. Electric Supply Co. Ltd., Lucknow, (hereinafter called the company). It appears that the company used to employ Messrs. S. M. Choudhary (hereinafter referred to as the contractors) as its contractors for doing certain work for it. The contractors in their turn used to employ a number of persons to carry out the work which they had taken on contract. A dispute arose between the contractors and their workmen in 1956 and an application was made on June 6, 1956, by the workmen before the conciliation board. To this application both the company as well as the contractors were parties and four matters were referred by the workmen to the conciliation board, namely, (i) non-grant of bonus for the years 1953-54 and 1954-55; (ii) non-grant of festival holidays; (iii) non-fixation of minimum wages of these workmen at par with the workmen employed by the company; and (iv) non-abolition of the contract system. Efforts at conciliation failed and thereupon the Government of Uttar Pradesh made a reference to the Industrial Tribunal under the U. P. Industrial Di
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