Case: Indian Oxygen, Limited Vs. Its Workmen

Das Gupta, J.1. This appeal by special leave is from an award of the industrial tribunal, Bihar, in a dispute between the appellant, the management of Indian Oxygen, Ltd., Jamshedpur, and its workmen. The dispute as referred was :"(1) What should be the medical leave for the workmen with full pay and with half pay in a year; and how the medical leave should be allowed to be accumulated ?(2) What should be the annual leave for office staff and monthly-rated factory staff and how far it should be allowed to be accumulated ?"2. The workmens claim was for medical leave for 20 days with full pay and 30 days on half pay in a year and for accumulation of medical leave upto three years. As regards annual leave the workmens claim was three weeks annual leave to monthly-rated factory staff and one months annual leave to office staff. The company pointed out in its written statement that 15 days sick cum annual leave with full pay was allowed by it to all its permanent workmen, the rule being that out of these 15 days not more than 7 days can be taken as casual leave, while in support of an application for sick leave a workman has to submit a medical certificate from a registered medical practitioner. Apart from this, there was a provision that after one years continuous service a permanent workman may be sanctioned solely at the discretion of the sanctioning authority not more than 15 days sick leave with half pay after he exhausts his 15 days sick cum annual leave with full pay. The company contended that these leave rules were liberal and there was no case for providing for further medical leave facilities. As regards annual leave also the companys case was that the present rules which provides for three weeks annual leave for a full calendar year to office staff and those members of the monthly-rated factory staff whose basic salary is more than Rs. 150 per month and two weeks annual leave for general staff, i.e., peons, drivers, darwans, etc., and accumulation is allowed for two leave periods, are fair and reasonable.On a consideration of the leave facilities granted by different industrial establishments in Jamshedpur region, the industrial tribunal directed that a workman should get 15 days leave on full pay or 30 days on half pay as medical leave during a year and accumulation should be allowed to the extent of 45 days with full pay or 90 days with half pay. The tribunals directions as regards annual leave was that monthly-rated staff working in office or factory should get 30 days annual leave in the year and accumulation should be allowed to the extent of 90 days in the case of both the categories.3. In support of the appeal as regards annual leave it is urged on behalf of the appellant that the result of the award will be that the workmen of this company will be enjoying many more paid absences from work than other similar industrial establishments in the region. On an examination of chart B which is the comparative statement of leave facilities available to employees in different establishments in the region, we find - adding the provision for annual leave to the provision for festival and national holidays - that the Indian Tube allows to its monthly-rated workmen 34 paid absences from work with full pay, the Indian Steel and Wire Products 34, Indian Cable Company, 34, Tata Engineering and Locomotive Company, 36, and the Tinplate Company, 32. In the appellant company, the office staff was getting 21 days as annual leave and 17 days on account of festival and holidays, that is, 38 days of paid absences; other factory staff was getting 21 days as annual leave and 10 days on account of festival and national holidays, that is, a total of 31 days of paid absences. As a result of the award, the office staff in the appellant company would be getting 47 days of paid absences on full pay and the factory staff 40 days of such absences. We can see no reason for this increases of paid absences which is clearly and distinctly above the pattern in the comparable concerns in that region. It is hardly necessary to say that, especially at the present time, emphasis in the country should be more on increased production, and absence from work should not be unduly encouraged.On a consideration of all the circumstances, we are of opinion that no case has been made out for increasing the annual leave and that the award of the tribunal in so far as it increased the annual leave to 30 days cannot be sustained.4. We accordingly direct that the annual leave for office staff and monthly-rated factory staff should continue to be 21 days in a year.5. As it appears from chart B that accumulation upto 90 days is allowed in the other companies where the annual leave is 30 days, we direct that in the appellant company also the accumulation of annual leave should be allowed upto 63 days.6. It appears from chart B that sick leave for 30 days on half pay and 15 days on full pay is allowed in the Indian Tube, Indian Steel and Wire Products, Indian Cable Company, and the Tinplate Company, and that accumulation for a period of 45 days on full pay and 90 days on half pay is also allowed in those companies. In view of this we think that there is no ground for interfering with the award of the tribunal on the question of medical leave. It is true that this will leave to the workmen of the company the additional facility of 7 days casual leave in year which they enjoy at present. That however does not appear to us to be a sufficient reason for reducing the medical leave.

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

Explanation:
1[ds]3. In support of the appeal as regards annual leave it is urged on behalf of the appellant that the result of the award will be that the workmen of this company will be enjoying many more paid absences from work than other similar industrial establishments in the region.On an examination of chart B which is the comparative statement of leave facilities available to employees in different establishments in the region, we findadding the provision for annual leave to the provision for festival and national holidaysthat the Indian Tube allows to itsworkmen 34 paid absences from work with full pay, the Indian Steel and Wire Products 34, Indian Cable Company, 34, Tata Engineering and Locomotive Company, 36, and the Tinplate Company, 32. In the appellant company, the office staff was getting 21 days as annual leave and 17 days on account of festival and holidays, that is, 38 days of paid absences; other factory staff was getting 21 days as annual leave and 10 days on account of festival and national holidays, that is, a total of 31 days of paid absences. As a result of the award, the office staff in the appellant company would be getting 47 days of paid absences on full pay and the factory staff 40 days of such absences. We can see no reason for this increases of paid absences which is clearly and distinctly above the pattern in the comparable concerns in that region. It is hardly necessary to say that, especially at the present time, emphasis in the country should be more on increased production, and absence from work should not be unduly encouraged.On a consideration of all the circumstances, we are of opinion that no case has been made out for increasing the annual leave and that the award of the tribunal in so far as it increased the annual leave to 30 days cannot be sustained.4. We accordingly direct that the annual leave for office staff andfactory staff should continue to be 21 days in a year.5. As it appears from chart B that accumulation upto 90 days is allowed in the other companies where the annual leave is 30 days, we direct that in the appellant company also the accumulation of annual leave should be allowed upto 63 days.6. It appears from chart B that sick leave for 30 days on half pay and 15 days on full pay is allowed in the Indian Tube, Indian Steel and Wire Products, Indian Cable Company, and the Tinplate Company, and that accumulation for a period of 45 days on full pay and 90 days on half pay is also allowed in those companies. In view of this we think that there is no ground for interfering with the award of the tribunal on the question of medical leave. It is true that this will leave to the workmen of the company the additional facility of 7 days casual leave in year which they enjoy at present. That however does not appear to us to be a sufficient reason for reducing the medical leave.