Appeals Nos 480  481 of 1962
Appeals by special leave from the order dated March 10 1958 of  the Allahabad High Court in Writ Nos 1006 and 1007 of 1955 and from the decision dated July 15 1955 of the Labour Appellate Tribunal of India Lucknow III Bench in Appeal Nos
III 274 and 300 of 1954
G section Pathak and G C Mathur for the appellants
K section Hajela and CP Lai for respondent No 2 In CA No 480 of 1962
727 JP Goyal for respondents Nos 3 to 12 in CA No 480 of 1962 and the respondents in CA No 481 of 1962
May 9
The judgment of the court was delivered by GAJENDRAGADKAR J
An Industrial dispute which arose between the appellant JK Cotton Spinning  Weaving Mills Co Ltd and the respondents its employees was referred by the Government of Uttar Pradesh for adjudication to the Adjudicator Kanpur on November 30 1953This dispute covered two items of claim made by the respondents
The judgment of the court was delivered by GAJENDRAGADKAR J An Industrial dispute which arose between the appellant J
K Cotton Spinning  Weaving Mills Co Ltd and the respondents its employees was referred by the Government of Uttar Pradesh for adjudication to the Adjudicator Kanpur on November 30 1953This dispute covered two items of claim made by the respondents
The first item was in regard to the dismissal of a gardener Mali Badri by name
The respondents urged that the said dismissal was unlawful and Badri was entitled to reinstatement with all the wages during the period of his enforced unemployment
The second item of dispute was in regard to the claim made by the 10 Malis employed by the appellant to receive dear food allowance weekly holidays and leave with wages
Before the Adjudicator the appellant contended that the Malis were not workmen within the meaning of the UP No 28 of 1947 and so the reference was invalid
It was also urged by the appellant that the claim made by the respondents for dear food allowance could not be sustained because GO No 3754 LLXVIII 894 L 1948 issued by the U P Government on December 6 1948 was inapplicable to the Malis inasmuch as the said Government order applied only to industrial employees and the Malis are not industrial employees within the meaning of the said order
The other claims made by the respondents for weekly holidays and leave with wages were also resisted on the ground that the Malis were not workmen under 728 the Act and so they were entitled to no relief in the present proceedings
The Adjudicator held that the Malis were workmen under the Act and so he rejected the appellant s contention that the reference was bad
On the merits he found that the dismissal of Badri was without justification and so he was entitled to reinstatement
He also ordered that the appellant should pay Badri half his wages at Rs 45 pm as compensation from the date of his dismissal to the date of his reinstatement
That is how the first item of dispute was decided by the Adjudicator
On the second item of dispute the Adjudicator found that the Malis were not industrial employees and so they were not entitled to claim dear food allowance under the relevant Government order
The other claims made by the Malis With regard to weekly holidays and leave with wages were likewise rejected by the Adjudicator
In other words the second item of dispute was decided against the respondents
This award was pronounced on May 31 1954
The decision of the Adjudicator gave rise to two appeals before the Labour Appellate Tribunal
The appellant by its appeal No 300 of 1954 disputed the correctness of the Adjudicator s conclusion that Badri was a workman and that his dismissal was unjustified
The Labour Appellate Tribunal has rejected this contention and the appellant s appeal was dismissed
The respondents by their appeal No 2741954 contended that the Adjudicator was in error in holding that the Malis were not industrial employees and as such were not entitled to dear food allowance
The Labour Appellate Tribunal has upheld this plea and has given the Malis the benefit of the provision contained in the relevant Government order in respect of dear food allowance
The claim of the respondents for a weekly holiday was however rejected by the Labour Appellate 729 Tribunal while their claim for leave with wages was allowed and a direction was issued that the Malis in question should be given leave in the manner prescribed by section 79 of the Factories Act No 63 of 1948
The Labour Appellate Tribunal held that though the said Act was in terms not applicable to the Malis the principle on which the statutory provision for leave prescribed by section 79 was based was a principle of social justice and so the Malis were entitled to have a similar benefit
The respondents had also claimed that Badri should be given the full wages for the period of his enforced unemployment instead of Rs 45
as allowed by the Adjudicator
This plea has also been upheld by the Labour Appellate Tribunal
In the result the respondents appeal substantially succeeded
The decision of the Labour Appellate Tribunal was pronounced on 1571955
This decision was challenged by the appellant before the Allahabad High Court by preferring a writ petition No 10061955
It was urged by the appellant that the decision of the Labour Appellate Tribunal was patently erroneous and illegal and so it should be quashed under article 226 of the Constitution
Whilst the writ petition was pending in the said High Court the Bench of the Labour Appellate Tribunal that sat at Lucknow ceased to exist and so the High Court took the view that it had no jurisdiction to entertain a writ petition in respect of the decision of the Labour Appellate Tribunal which was not functioning within the limits of its territorial juridiction
That is why the said writ petition was dismissed as having become in fructuous
This decision was pronounced on March 10 1958
The two present appeals Nos
480  4811962 have been brought to this Court by the appellant by special leave and they are directed against the decision of the High Court dismissing the appellant s 730 writ petition and against the decision of the Labour Appellate Tribunal respectively
Mr Pathak who appeared before us for the appellant stated that he did not propose to argue Civil Appeal No 4801962 because this Court s decision in Civil Appeal No 4811962 would determine the dispute between the parties
Civil Appeal No 4801962 has in that dense become unnecessary because the merits of the main dispute are raised by the appellant in its appeal No 4811962 which is directed against the decision of the Labour Appellate Tribunal
We would therefore deal with Civil Appeal No 4811962 only
In this appeal Mr Pathak has not disputed the correctness or propriety of the decision of the Labour Appellate Tribunal in regard to the claim made by the respondents in respect of Badri s dismissal
So that part of the dispute need not detain us in the present appeal
The principal contention which has been seriously pressed before us by Mr Pathak is that the Labour Appellate Tribunal was in error in holding that the Malis are workmen under section 2 of the Act
Section 2 of the Act as it stood at the relevant time provided inter alia  that in this Act the expression workman shall have the meaning assigned to it in section 2 of the  and that takes us to section 2 s of the No 14 of 1947 which defines a workman
Section 2 s inter alia provi des that a Workman means any person including an apprentice employed in any industry to do any skilled or unskilled manual supervisory technical or clerical work for hire or reward
 whether the terms of employment be expressed or implied and so the question is whether the 10 Malis whose claims have given rise to the present reference can be said to be workmen under section 2 s
For deciding this point it is necessary to refer to the relevant facts as they have been found by the 731 Tribunals below
The 10 Mails have been appointed by the appellant for the maintenance of gardens attached to the bungalows of some of the officers of the Mills which are situated in the compoun of the Mills while others are employed for looking after the gardens attached to Kamla Niwas which is a residential building allotted to the Governing Director of the Mills and which is also situated within the compound of the Mills
Some of these Malis have also to work in the gardens attached to the residential building of the Director in charge of the Mills
The gardens which are looked after by these Malis are not the gardens attached to the Mills as such
It appears that in the large and expensive colony of the Mills the factory of the Mills is inside a compound
Outside this compound of the factory but within the colony of the Mills are situated the bungalows occupied by the officers of the Mills and the Director
It is the gardens attached to these bungalows that arc looked after by the 10 Malis
It is also clear that the Malis are appointed by the appellant
The total monthly wages of these 10 Malis come to about Rs 450 
The appellant collects a small amount from
the officers as a contribution to the salaries of these Malis and the bulk of it approximating to 78 is paid by the appellant
The contributions made by the officers are credited to the revenue of the appellant and from the funds of the appellant the Malis are paid their wages and they are debited in the accounts of the appellant
The names of the Malis are borne on a register maintained by the clerk of the appellant who supervises their work
This clerk notes their attendance from day to day
Their appointment is made by the appellant their work is supervised and controlled by the appellant and they are liable to be dismissed by the appellant
The officers who are allotted the bungalows have no control over the Malis and can exercise no jurisdiction over them
It is in the light 732 of these facts that the question raised by Mr Pathak in regard to the status of the Malis has to be determined
Mr Pathak contends that the crucial words used in the definition prescribed by section 2 s are employed in any industry
He argues that before any person can claim to be a workman under section 2 s it must be shown that he has been employed in the industry of the employer
The industry of the appellant is spinning and weaving operations and says Mr Pathak the Malis have obviously nothing to do either with the spinning or weaving operations of the appellant since they are not employed in the industry of the appellant the fact that they have been employed by the appellant would not make them Workmen within the meaning of the Act
Thus presented the argument is no doubt prima facie attractive but as soon as we begin to examine it more carefully it breaks down
If the construction for which Mr Pathak contends is accepted without any modification clerks employed in the factory would not be workmen because on the test suggested by Mr Pathak they are not employed in the spinning or weaving operation carried on by the appellant and yet there is no doubt that clerks employed by the appellant to do clerical work are workmen under section 2 s and so
the literal construction of the clause employed in any industry cannot be accepted and that means that  employed in any industry must take in employees who are employed in connection with operations incidental to the main industry and once we are compelled to introduce this concept of incidental Connection with the main industry the literal construction for which the appellant contends has to be rejected
It is of course not very easy to decide what is the field of employment included by the principle of incidental relationship and what would be the limitations of the said principle If sweepers arc 733 employed by the appellant to clean the premises of the Mills that clearly would be work incidental to the main industry itself because though the work of the sweepers has no direct relation either with the spinning or weaving it is so manifestly necessary for the efficient functioning of the industry itself that it would be irrational to exclude sweepers from the purview of section 2 s
If buses are owned by the industry for transporting the workmen would the drivers of such buses be workmen or not It would be noticed that the incidental connection in  the present illustration is one degree removed from the main industry the workmen who work in the industry are intended to be brought to the factory by the buses and it is these buses that the drivers run
Even so it would not be easy to exclude drivers of buses engaged by the factory solely for the purpose of transporting its employees to the Mills from their respective homes and back on the basis that they are not workmen under section 2 s
Mr Pathak was unable to resist the extension of the definition to such cases but nevertheless he attempted to argue that though sweepers who sweep the premises of the factory may be called workmen sweepers who sweep the area around the factory may not be included under section 2 s
Sweeping the area outside the factory it is argued may be incidentally connected with the main industry but the incidental connection is indirect and remote and so this class of employees must be excluded from the definition
We are not prepared to accept this argument
In our opinion an employee who is engaged in any work or operation which is incidentally connected with the main industry of the employer would be a workman provided the other requirements of section 2 s are satisfied
In this connection it is hardly necessary to emphasise that in the modern world industrial operations have become complex and complicated and for the efficient and successful functioning of 734 any industry several incidental operations are called in aid and it is the totality of all these operations that ultimately constitutes the industry as a whole
Wherever it is shown that the industry has employed an employee to assist one or the other operation incidental to the main industrial operation it would be unreasonable to deny such an employee the status of a workman on the ground that his work is not directly concerned with the main work or operation of the industry
Reverting to the illustration of the buses owned by the factory for the purpose of trans porting its workmen if the bus drivers can legitimately be held to assist an operation incidental to the main work of the industry we do not see why a Mali should not claim that he is also engaged in an operation which is incidental to the main industry
While we are dealing with this point it is necessary to bear in mind that the bungalows are owned by the appellant and they are allotted to the officers as required by the terms and conditions of the officers  employment
Since the bungalows are allotted to the officers it is the duty of the appellant to look after the bungalows and take tare of the gardens attached to them
If the terms and conditions of service require that the officers should be given bungalows and gardens are attached to such bungalows it is difficult to see why in the case of Malis who are employed by the appellant are paid by it and who work subject to its control and supervision and discharge the function of looking after the appellant s property it should be said that the work done by them has no relation with the industry carried on by the appellant
The employment is by the appellant the conditions of service
are determined by the appellant the payment is substantially by the appellant the continuance of service depends upon the pleasure of the appellant subject of course to the Standing 735 Orders prescribed in that behalf and the work assigned to the Malis is the work of looking after the properties which have been allotted to the officers of the appellant
Like the transport amenity provided by a factory to its employees bungalows and gardens are also a kind of amenity supplied by the employer to his officers and the drivers who look after the buses and the Malis who look after the gardens must therefore be held to be engaged in operations which are incidentally connected with the main industry carried on by the employer
It is true that in matters of this kind it is not easy to draw a line and it may also be conceded that in dealing with the question of incidental relationship with the main industrial operation a limit has to be prescribed so as to exclude operations or activities whose relation with the main industrial activity may be remote indirect and far fetched
We arc not prepared to hold that the relation of the work carried on by the Malis in the present case can be characterised as remote indirect or far fetched
That is why we think that the Labour Appellate Tribunal was right in coming to the conclusion that Malis are workmen under the Act
Before we part with this point we would like to add that industrial adjudication appears consistently to have taken the view that Malis looking after the gardens attached to the bungalows occupied by officers of any industrial concern are workmen under section 2 s
Our attention has been drawn to two decisions of the Labour Appellate Tribunal dealing with this question
In Shri Bhikari Kanpur vs Messrs Cooper Allen  Co Kanpur 1 the Labour Appellate Tribunal while dealing with the case of Bhikari who was engaged as a gardener by the Company and was on the pay roll of the Company observed that the Tribunal failed to see why he is not to be regarded as a workman within the meaning of section 2 s of the which 1 736 definition has been adopted by the UP under which the case was started
The same view was taken by the Labour Appellate Tribunal in the case of The Upper India Chini Mazdoor Union vs The Upper India Sugar Mills 1
Dealing with the case of Rati Rama Who was engaged as a Mali the Tribunal rejected the employer s contention that the said Mali was a domestic servant and observed that merely because the Company chooses to put Rati Ram on the work of a gardener with the Managing Director which the A Company is admittedly required to provide for and pay for it does not follow that Rati Ram became a domestic servant
It is remarkable that both these decisions which are directly in point were under section 2 of the Act with which we are concerned
In dealing with industrial dispute we are reluctant to interfere with the well established and consistent course of decisions pronounced by the Labour Appellate Court unless of course it is shown that the said decisions are plainly erroneous
The next question which calls for our decision is whether the Malis are industrial employees within the meaning of the relevant G O The said G O opens with two operative paragraphs which are followed by the table of minimum basic wages prescribed by it and other paragraphs
These first two paragraphs read thus  1 This order shall he deemed to have come into force with effect from December 1 1948 and shall in respect of the matters covered by it bind all the industries affected thereby and the workmen employed therein
2 The minimum basic wage payable to employees industrial or clerical in the various industries and undertakings specified in column 1 of Table I hereunder shall so long as this 1 737
order remains in force be the amounts menti oned against them in column 2 or 3 thereof as the case may be Paragraph 3 prescribes the dear food allowance and it is in respect of this claim made by the respondents that the appellant has raised the contention that this paragraph does not apply because the Malis are not industrial employees
It will be noticed that the first Paragraph makes it perfectly clear that the order binds all the industries affected by it and the workmen employed therein  so that as soon as it is held that the Malis are workmen under section 2 of the Act it would follow that the order would apply to the Malis
In considering the present point
it is necessary to bear in mind that this order has been issued in exercise of the powers conferred by clauses b and g of section 3 of the Act and that clearly means that persons who are workmen under section 2 of the Act are referred to by paragraph I and there would be no escape from the conclusion that the order would apply to such workmen and the Industries that employed them
It is however urged that in paragraph 2 the minimum basic wage is specified as being payable to employees industrial or clerical in the various industries and the suggestion is that it is only employees who are either industrial or clerical to whom the order applies
Industrial employees are not defined but it is assumed by the appellant in urging this argument that the class of industrial employees would be narrower than the class of workmen covered by section 2 of the Act
In our opinion this argument is wholly fallacious
It is clear that the second paragraph refers to industrial or clerical employees because the table prescribing the minimum basic wages divides the employees into two categories industrial and clerical
It is only because his division is made by the table that for the 738 purpose of clarification paragraph 2 mentions industrial or clerical in bracket after referring to the employees
Besides it would be unreasonable to assume that when the order prescribed minimum basic wages for workmen to whom paragraph I expressly refers it could have been intended that the said minimum basic wages should not be extended to some workmen falling under paragraph I because they do not fall under the category of industrial employees or clerical employees
The scheme of the order is plain and unambiguous  to all workmen failing under section 2 the benefits of the order are intended to be extended
That is the view taken by the Labour Appellate Tribunal and in our opinion that view is obviously right
If that be so the validity of the order passed by the Labour Appellate Tribunal awarding the respondents  claim for dear food allowance under paragraph 3 of the GO cannot be questioned
It is true that in The Suti Mill Mazdoor Sabha Kanpur vs Messrs
The British Indian Corporation Ltd Kanpur 1 the Labour Appellate Tribunal appears to have taken the view that the expression  industrial employees is limited to the class of employees who are employed directly or indirectly for the purpose of manufacturing process carried on by the factory
In coming to this conclusion the Labour Appellate Tribunal noticed the fact that the expression  industrial employees had not been defined but it was disposed to drive assistance from the definition of the word worker in the Factories Act in determining the scope of the expression industrial employees
No doubt it was urged before the Tribunal that expression industrial employees should be understood in the same comprehensive sense as the word industry as defined in the industrial Disputes Act but this contention was rejected by the Tribunal
It seems to us that the Tribunal was in error in limiting the scope of 1 739 the expression  industrial employees by reference to the definition of the word worker prescribed by the Factories Act
Indeed it would be relevant and appropriate to refer to the definition of the word workman under section 2 s of the  because the GO in question has been issued under the Act and the definition of a work man prescribed by section 2 of the Act as section 2 s of the would determine the true denotation of the expression industrials employees
We must accordingly hold that the Labour Appellate Tribunal was in error in accepting the very narrow construction of the expression industrial employees used in the Government order
The next point which has been urged before us by Mr Pathak is in regard to the decision of the Labour Appellate Tribunal awarding the benefit of leave to the respondents on the same lines as section 79 of the Factories Act
Mr Pathak attempted to argue that the claim for leave had been made specifically on the basis of provisions of the Factories Act and the UP shops and Commercial Establishments Act and he suggested that as soon as it was found that these two Acts were inapplicable to the Malis the said claim should have been rejected
The Labour Appellate Tribunal has however held that though the said two Acts do not apply a claim for leave can be justified on the ground of social justice
Mr Pathak objects to this decision on the technical ground
that the claim itself was based on the provisions of the said two Acts and no other
This contention is not well founded
It does appear that in paragraph 10 of the written statement filed on behalf of the respondents reference is made to the said two Acts but in the prayer clause the claim is made in general terms without reference to the Acts and the reference itself is in general terms and makes no mention of the said two Acts
Therefore the technical ground urged by Mr Pathak that the 640 relevant claim was made on the provisions of the two specified Acts and should be rejected solely on the ground that the said Acts do not apply cannot be sustained
It was a general reference which the Adjudicator was called upon to decide and the fact that the said two Acts did not apply cannot be said to rule out the said claim as to leave in limine
Then Mr Pathak was driven to contend that the ground of social justice given by the Labour Appellate Tribunal in support of its award is really not sound in law and he referred us to the observations made by this Court on some occasions that the considerations of social justice were not only irrelevant but untenable vide JK Iron  Steel Co Ltd Kanpur vs The Iron and Steel Mazdoor Union Kanpur 1 and Muir Mills Co Ltd vs Suti Mills Mazdoor Union Kanpur
2 In our opinion the argument that the considerations of social justice are irrelevant and untenable in dealing with industrial disputes has to be rejected without any hesitation
The development of industrial law during the last decade and several decisions of this Court in dealing with industrial matters have emphasised the relevance validity and significance of the doctrine of social justice vide Messrs Crown Aluminum Works vs Their Workmen s and The State of Mysore vs The Workers of Gold Mines 4 Indeed the concept of social justice has now become such an integral part of industrial law that it would be idle for any party to suggest that industrial adjudication can or should ignore the claims of social justice in dealing with industrial disputes
The concept of social justice is not narrow one sided or pedantic and is not confined to industrial adjudication alone
Its sweep is comprehensive
It is founded on the basic ideal of socioeconomic equality and its aim is to assist the removal of socioeconomic disparities and inequalities  nevertheless in dealing with industrial matters it does not adopt a doctrinaire 11955 2 SCR 1315
21955 1 SCR 991
31958SCR 651
4  741 approach and refuses to yield blindly to abstract notions but adopts a realistic and pragmatic approach
It therefore endeavours to resolve the competing claims of employers and employees by finding a solution which is just and fair to both parties with the object of establishing harmony between capital and Labour and good relationship
The ultimate object of industrial adjudication is to help the growth and progress of national economy and it is with that ultimate object in view that industrial disputes are settled by industrial adjudication on principles of fair play and justice
That is the reason why on several occasions industrial adjudication has thought it fit to make reasonable provision for leave in respect of the workmen who may not strictly fall within the purview of the Factories Act or the Shops and Commercial Establishments Act
We are therefore satisfied that there is no substance in the grievance made by Mr Pathak that the Labour Appellate Tribunal should not have granted the demand of the respondents for leave on grounds of fair play and social justice
The result is Civil Appeal No 4811962 fails and is dismissed with costs
Civil Appeal No 480 of 1962 has not been pressed and is therefore dismissed
There would be no order as to costs
Appeals dismissed


Summary:
An industrial dispute was referred by the Government of Uttar Pradesh for adjudication to the Adjudicator Kanpur
Me Adjudicator held that the Malis were workmen under the Up
but they were not Industrial employees and hence were not entitled to claim dear food allowance under the Government order dated December 6 1948
The claims of the Malis with regard to weekly holidays and leave with wages were also rejected by the Adjudicator
725 Two crow appeals were filed against the order of the Adjudicator before the Labour Appellate Tribunal
The appeal of the appellant was dismissed
As regards the appeal of respondents the Tribunal gave the Malis benefit of dear food allowance
Their claim for leave with wages was also allowed on the ground of social justice
However their claim for weekly holiday was rejected
The appellant filed a writ petition in the Allahabad High Court but that was dismissed as in fructuous
The appellant came to this court by special leave
The contentions raised by the appellant in this court were that the Malis were not workers within the meaning of section 2 of the UP  that Malis were not industrial employees within the meaning of Government order dated December 6 1948 and hence were not entitled to dear food allowance and that the Labour Appellate Tribunal should not have granted the demand of the respondents for leave on ground of fair play and social justice
Held that the Malis were workers within the meaning of section 2 of the UP
They were employed by the appellant were paid by it and were subject to its control and supervision and discharged the function of looking after the properties of the appellant
Their conditions of service were also determined by the appellant and the continuance of their service also depended upon the pleasure of the appellant
The bungalows and gardens on which they worked were a kind of amenity supplied by the appellant to its officers
Hence the Malis were engaged in operations which were incidentally connected with the main industry carried on by the employers The case of the Malis was similar to that of the bus drivers
The relation of the work carried on by the Malis with the industry was not remote indirect or far fetched
The employee who is engaged in any work or operation which is incidentallyconnected with the main industry of the employer is a workman provided the other requirements of section 2 s of the industrial Disputes Act are satisfied
Held also that the Malis were industrial employees within the meaning of the Government order dated December 6 1948 and hence were entitled to claim the benefit of dear food allowance
The Tribunal was in error in limiting the scope of the expression  Industrial  employees by reference to the definition of the word worker as given in the Factories Act 726 Held also that the Tribunal was justified in granting the demand of the respondents for leave on grounds of fair play and social justice
The concept of social justice has now become such an integral part of industrial law that it is idle for any party to suggest that industrial adjudication can or should ignore the claims of social justice in dealing with industrial disputes
The concept of social justice is not narrow one sided or pedantic and is not confined to industrial adjudication alone
Its sweep is comprehensive
It is founded on the basic ideal of socioeconomic equality and its aim is to assist the removal of socioeconomic disparities and inequalities
In dealing with industrial matters it does not adopt a doctrinaire approach and refuses to yield blindly to abstract notions but adopts a realistic and pragmatic approach
It endeavors to resolve the competing claims of employers and employees by finding a solution which is just and fair to both parties with the object of establishing harmony between capita i labour and relationship
Shri Bhikari Kanpur vs Messrs Cooper Allen  Co Kanpur  The Upper India Chini Mills Mazdoor Union vs The Upper India Sugar Mills  The Suti Mill Mazdoor Sabha Kanpur vs Messrs
The British India Corporation Ltd Kanpur  JK Iron Steel Co Lid Kanpur vs The Iron and Steel Masdoor Union Kanpur  Muir Mills Co Ltd vs Suti Mills Mazdoor Union Kanpur   Messrs Crown Aluminium Works vs Their Workmen  and The State of Mysore vs The Workers of Gold Mines 1959 SCR 895 referred to