Case: Bhiwani Textile Mills Vs. Their Workmen and Others

do duty on any Sunday, will be entitled to an extra payment of 20 per cent of their consolidated wages for that Sunday. This direction was made by the tribunal on its view that the workmen who had never previously been called to work on Sundays and were not likely to be deprived of some amenities of social gatherings and union meetings, etc., did deserve some compensation. The tribunal also took into account the fact that, at the time when the management started making efforts to work the mills on Sundays, there was a meeting between the representatives of workmen and the general manager, and the general manager was then willing to allow some compensation to the workmen who are called upon to work on Sundays, though the proposal did not finally mature. It appears to us that, in giving this decision, the tribunal did not follow the principles that should have been applied when deciding such a dispute. Payment of extra amount for work on Sundays affects wages payable to the workmen, and the question of wages, as has been laid down by this Court in a number of cases, must always be decided on the basis of the capacity of the industry to pay and on practice prevailing in the industry in the region. The tribunal has completely ignored both these factors. The mills, in fact, gave evidence to show that, in almost all other similar mills in the region, the practice prevails of working on Sundays, of asking the workmen to do duty for that purpose and of making no additional payment for doing that work. Our attention was drawn to a mill statement compiled and published by the Millowners Association, Bombay, containing names and addresses of all cotton spinning and weaving mills in India, It shows that there were six mills in Punjab., including the appellant-mills. Witnesses were examined on behalf of the mills to show that, in at least four of the mills work is carried on on Sundays and no extra payment is made to the workmen called on duty on those days. These four mills are : Hissar Textile Mills, Jagatjit Cotton Textile Mills, Ltd., Sri Bhawani Cotton Mills, Ltd., Abohar, and Technological Institute of Textiles. Another organization about which evidence has been produced, is East Indian Cotton Manufacturing Company, Faridabad, which does not appear to be included in the statement issued by the millowners association. On behalf of the workmen, the case of these mills was sought to be distinguished on the ground that, in the appellant-mills, Sunday was not a working day form the inception, while, in the other mills sought to be compared, the position was the reverse as the mills had been working on Sundays from the very beginning. It was urged that the two cases were not comparable, because it was only in the case of the appellant-mills that Sunday as an offday had become a condition of service of the workmen. The argument was, however, found to be based on incorrect premises. The evidence given on behalf of the appellant-mills shows that, at least in three cases, viz., Technological Institute of Textiles, Bhiwani, Jagatjit Cotton Textile Mills, Ltd., Phagwara, and Sri Bhawani Cotton Mills Ltd., Abohar, Sunday was not a working day when these mills were started and was made a working day only subsequently. In any case, we do not think that the fact that Sunday was not made a working day from the inception is very material. It is clear from the evidence given on behalf of the appellant-mills, which the tribunal has completely ignored, that, in the cotton textile industry in Punjab, the practice prevails of working on Sundays without giving any extra allowance to the workmen who are asked to do duty on those days. There appears to be no reason at all why the appellant-mills should be picked out for a different treatment and asked to make extra payment to the workmen when it is only falling into line with most other mills. It may be added that evidence was also led to show that in the neighbouring region of Delhi the same practice prevails in the industry of working on Sundays without making any extra payment to the workmen. It is also significant that no attempt has been made by the tribunal to go into the question whether the mill has the capacity to bear the extra burden that will fall upon it as a result of this additional payment of 20 per cent of the consolidated wages to the large number of workmen who will be working on 52 Sundays in a year.In this connexion, it was suggested on behalf of the workmen that there is no evidence to show that the wage-scales and other amenities provided by the appellant-mills are similar to those provided by other mills in the region. We do not think that there was any burden on the appellant-mills to prove such a fact, particularly in view of the circumstance that the minimum wages had been fixed for all the mills under the Minimum Wages Act and are, therefore, common to all. This fixation was made by the Government under the Defense of India Rules. 5. The consideration that weighed with the tribunal that the workmen deserved compensation for being deprived of amenities of social gatherings and union meetings on Sundays cannot provide any justification for granting extra payment. Social gatherings need not taken place during working hours. Union meetings are very frequent. The workmen in the other mills in this very region have been carrying on work on Sundays without receiving any additional payment. We cannot see how additional payment of money can compensate a workman for whatever little deprivation there may be in the matter of social gatherings. The factors which the tribunal took into account in order to award this extra payment to the workmen were of much less importance than considerations which the tribunal ignored and which we have discussed above. 6.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]It appears to us that the only effect, if any, at all, of this part of the award by the tribunal can be that the workmen may claim that they are entitled to raise the demand afresh without terminating the award in accordance with S.19(6) of the Industrial Disputes Act; otherwise, there does not appear to be any effect on the rights of the parties of this direction made by the tribunalSri G. B. Pai, on behalf of the mills, and Sri M. S. K. Sastri and Y. Kumar for the two unions representing the workmen, stated before us that the parties are agreed that this direction given in the award may be deleted as no party objects to its deletion. Consequently, we need not go into the question whether the tribunal was in law competent to make such a direction in the award or not. We set aside this direction by consent of partiesThis direction was made by the tribunal on its view that the workmen who had never previously been called to work on Sundays and were not likely to be deprived of some amenities of social gatherings and union meetings, etc., did deserve some compensation. The tribunal also took into account the fact that, at the time when the management started making efforts to work the mills on Sundays, there was a meeting between the representatives of workmen and the general manager, and the general manager was then willing to allow some compensation to the workmen who are called upon to work on Sundays, though the proposal did not finally mature. It appears to us that, in giving this decision, the tribunal did not follow the principles that should have been applied when deciding such a dispute. Payment of extra amount for work on Sundays affects wages payable to the workmen, and the question of wages, as has been laid down by this Court in a number of cases, must always be decided on the basis of the capacity of the industry to pay and on practice prevailing in the industry in the region. The tribunal has completely ignored both these factorsThe argument was, however, found to be based on incorrect premises. The evidence given on behalf of the appellant-mills shows that, at least in three cases, viz., Technological Institute of Textiles, Bhiwani, Jagatjit Cotton Textile Mills, Ltd., Phagwara, and Sri Bhawani Cotton Mills Ltd., Abohar, Sunday was not a working day when these mills were started and was made a working day only subsequently. In any case, we do not think that the fact that Sunday was not made a working day from the inception is very material. It is clear from the evidence given on behalf of the appellant-mills, which the tribunal has completely ignored, that, in the cotton textile industry in Punjab, the practice prevails of working on Sundays without giving any extra allowance to the workmen who are asked to do duty on those days. There appears to be no reason at all why the appellant-mills should be picked out for a different treatment and asked to make extra payment to the workmen when it is only falling into line with most other mills. It may be added that evidence was also led to show that in the neighbouring region of Delhi the same practice prevails in the industry of working on Sundays without making any extra payment to the workmen. It is also significant that no attempt has been made by the tribunal to go into the question whether the mill has the capacity to bear the extra burden that will fall upon it as a result of this additional payment of 20 per cent of the consolidated wages to the large number of workmen who will be working on 52 Sundays in a yearThe consideration that weighed with the tribunal that the workmen deserved compensation for being deprived of amenities of social gatherings and union meetings on Sundays cannot provide any justification for granting extra payment. Social gatherings need not taken place during working hours. Union meetings are very frequent. The workmen in the other mills in this very region have been carrying on work on Sundays without receiving any additional payment. We cannot see how additional payment of money can compensate a workman for whatever little deprivation there may be in the matter of social gatherings. The factors which the tribunal took into account in order to award this extra payment to the workmen were of much less importance than considerations which the tribunal ignored and which we have discussed above.