MANAGEMENT OF BANGALORE WOOLLEN, COTTON & SILK MILLS CO. LTD. versus THE WORKMEN & ANR.

MANAGEMENT OF BANGALORE WOOLLEN, CO'ITON I: SILK MILLS CO. LTD.

THE WORKMEN I: ANR.

September 18, 1967

]l [M. lflDAYATULLAH, V. BHARGAVA AND C. A. VAIDIALINGAM, JJ.)

Industrial Disputes Act, 1947 (14 of 1947), ss. 10 and 19(6>-Juris-diction of Tribunal to consider matters covered by oo earlier atDard which has not been terminated by notice under s. 19(6}-Jurisdic-tion of Tribunal to adjudicate on matters provided for Industrial Employment (Standing Orders) Act, 1946 (20 of 1946).

The Standing Orders of the appellant's establishment. duly certi-e Jled under the Industrial Employment (Standing Orders) Act, 1946, dealt inter alia, with provisions relating to leave to be granted to the workmen. In l.C. 11 of 1955 the Industrial Tribunal by its award modified the said standing orders and made provisions for certain kinds of leave. The award came into operation on November 18, 1956 under s. 19(3t read with s. 17A(7) of the Industrial Disputes Act. On further disputes arising the parties entered on September 19, 1958 into settlement under s. 12(3) of the Industrial Disputes Act where-D by in return for the revision of the scales of pay, the workmen agreed that for period of three years commencing from January 1, 1958. they would not raise any dispute on certain matters including leave. This settlement was terminated by the workmen by notice dated August 14, 1961 under s. 19(2) of the Industrial Disputes Act. In 1963 the State Government again referred to the Industrial Tribunal an industrial dispute between the appellant and the workmen. This dispute was registered as I.D. No. 8 of 1963 and the questions referred related to privilege leave, casual leave and sick leave. The appellant urged before the Tribunal that it was not competent to hear the re-ference because (i) the earlier award in I.C. 11 of 1955 which dealt with matters relating to leave had not been terminated by notice under s. 19(6) of the Industrial Disputes Act; (ii) the Standing Or-ders in. question could be modified only by the procedure under the Standing Orders, Act and not under the Industrial Disputes Act be-p cause the former Act was self-sufficient in regard to the matters covered by it. The Tribunal and the High Court both rejected the appellant's objections, whereupon, by special leave, appeal was filed in this Court. On behalf of the workmen it was stated that notice of termination of the earlier award under s. 19(6) of the Industrial Dil-putes Act had been given by them in letter dated June 26, 1961.

HELD: (i) When there is subsisting award bindin11 on the par-G ties the Tribunal has no jurisdiction to consider the same points In fr.esh reference. In the present case the earlier award had not beeD terminated and the reference was therefore incompetent. [588D] The letter of June 26, 1961 could not be treated as notice under s. 19(6) of the Industrial Disputes Act terminating the earlier award 'in I.C. 11 of 1955 because it did not convey any such intention. More-ove! it was written while the settlement of September 19. 1958 by which the workmen had bound themselves not to raise any dispute regarding leave facilities for three years was still in force, for the noti~e of. termination of the settlement under s. 19(2) was given by the workmen only on August 14, 1961. Until the said settlement was terminated the union of workmen had no right to make demands about leave facilities as Jt purported to do on June 26, 1961. [58'1G-588C]

The Workmen of Western India .Match Co. Ltd. v. The Western .A /ndi" Matcl• Co. Ltd .. [1963) 2 S.C .. R. 27, referred to.

liil The Standing Orders Act which has for its object. the defin-ing ·,\'ith sufficient precision. the conditions of emplo~·ment, under the industrial establishments and to make the said conditions known to tl:e workmen, has provided more or less speedy remedy to the workmen. for the purpose of having standing order modified or for having any question relating to the application, or interpretation of standing order. referred to labour court. But there is no warrant for holding that merely because the Standing Orders Act is self-contained statute with regard to the matters mentioned therein. the jurisdiction of the Industrial Tribunal under the Act. to adjudicate upon the matters covered by the standing orders, has been in any manner. abridged or taken awa~·. It will always be open in proper case, for the union or '''orkmen to raise a11 'industrial dispute' as that expression is defined in s. 2(k) of the Industrial Disputes Act. and if such dispute is referred by the Government concerned 1or aqju~ication the Industrial Tribunal or Labour Court as the case may be will have jurisdiction to adjudicate upon the same. [595B-D]

Guest,. Keen, Wil.liams. Primte Ltd. v. P. J. Sterling. [1960] 1 S.C.R. 348, The Bagalkot Cement Co. Ltd. v. R. K. Pathan. (1962] Supp. 2 S.C.R. 697 and Salem Electricity v. Employees. [196'7] 2 S.C.R. 498, I distinguished.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 501 of 1966.

Appeal by special leave from the judgment and order dated October 23. 1964 of the Mysore High Court in Writ Petition No. 1985 of 1963.

H. R. Gokhale. A. N. Sinha and D. JV. Gupta, for the appdlant.

B. R. l. Iyengar. Bislrambe,. Lal and H. K. Puri. for respon-dent No. I.

The Judgment of the Court was delivered by

Vaidialingam, J. This appeal. by the Management amcern-ed, by special leave, is directed against the judgment of the Mysore High Court. dated October 23, 1964, dismissing Writ Petiiion No. 1985 of 1963. and declining to issue :1 writ of, prohitnGion. restraining the second respondent, the Industrial Tribunal. Banga-lore-I from proceeding wit'1 the adjudication. in I. D. No. 8 of 1963'. The short facts. leading up to the Suite of Mysore. making the reference. which is the subject of adjudication. by the second respondent. in l.D. No. 8 of 1963. are as follows:

The appellant. is u iextite mill, in Bangalore. ma.nufacturin~ cotton. silk and cotswool piece·goods. After the I ndustrml E~nplo}· ment \Standing Orders) Act, 1946 (Act XX of 19461 (~eremaftcr to be referred to. as the Standing Orders Act\. came mto force, the standine orders of the appellant's establishment ~ere duly drn.wn up. and certified by the authorities. Those standmg orders. among other thin&-'• related to the que~tion of leave. I<> be granted

to the workmen. By. its order, dated August 2, 1955, the Govern-ment of Mysore referred to the Industrial Tribunal, Bangalore, for adjudication, an industrial dispute, raised by certain categories of workmen, of the appellant company. That reference was num-bered as J.C. No. 11 of 1955. The dispute that was referred, was

"Whether the Standing Orders filed by the Manage-B ment and now certified by the certifying authority be modified as modification to the existing Standing Orders as amended by the employees through their asso-ciation in the light of the views and as indicated in the Annexure to this notification".

The Industrial Tribunal, Bangalore, made an award, Exhibit M-6. on September 25, 1956, whereby the Tribunal directed the addi-tion of certain clauses, in the Certified Standing Orders of the appellant company. There is no controversy, that paragraphs 50 to. 70, of Exhibit M-6, deal with privilege leave, sick leave and casual leave, which could be availed of, by the workmen. Exhibit M-5 is copy of the Certified Standing Orders of the Mana~­ment company. After the amendments, effected to those Standing Orders, in pursuance of the award, Exhibit M-6, ·clauses l, 2, 3 and 4, of Order 9, of Exhibit M-5 deal with festival holidays. leave with wages, medical leave and casual leave, respectively. The award, Exhibit M-6, after publication in the State Gazette. on October 18, 1956, came into operation on November 18. 1956, under the provisions of s. 19(3), read with s. 17 A(l), of the Indus-E trial Disputes Act, 1947 (Act XIV of 1947) (hereinafter referred to. as the Actl.

The first respondent began to make certain claims, for revi-sion of the provisions, regarding leave, and as the appellant was not willing to concede those claims, the first respondent appears to have approached the State Government, to refer the dispute, regarding this matter, to the Tribunal, for adjudication; but, the State Government, by its order, Exhibit M-2, dated October IO, 1962, declined to refer the matter for adjudication. In tile said order, the Government is of the view that, as compared with leave facilities, provided for, in similar major industries, in Bangalore, the leave facilities then granted by the Management to the work-men of the appellant company, cannot be considered to be in-G adequate. and, therefore, the issue raised, by the workmen, does not merit reference, for adjudication. But, nevertheless. later on, the State Government, referred for adjudication, by its order, dated March 20, 1963, the following matters, to the second res- 1 pondent:

"Whether the workmen of Bangalore Woollen, Cotton & Silk Mills Co. Ltd., are entitled to the follow-ing leave benefits:

(a) Privilege leave for one month in year with. pay.

(b) Casual leave of 12 days in year with pay.

(c) Sick leave of 30 days in year with full pay less E.S.I. benefits.

If not, to what reliefs they are entitled to"

This reference, out of which the present proceedings arise, was registered as 1.0. No. 8 of I 963. From the questions, referred to above, it will be seen that the dispute, that was referred, for ad-judication, almost exclusively relates to the question of privilege leave, casual leave. and sick leave, which are already provided for. in the Standing Orders, of the Management, Exhibit M-S.

The first respondent has placed its demands, in respect of this question, before the Industrial Tribunal, and the Manage- ment have also placed their points of view, on these matters. It is not necessary to refer to the pleas made, either bY the appellant or the first. respondent, ·regarding the merits of the claim. which has not been adjudicated, by the Industrial Tribunal. But the Management raised two preliminary objections, to the jurisdic-tion of the ll)dustrial Tribunal, to entertain and adjudicate upon the questions, referred by the State Government. Those two preli-minary objections were to the effect :

(i) The award, Exhibit M-6, dealing with leave and other facilities, not having been terminated by the first respondent, by issue of notice, as contemplated under s. I 9(6) of the Act, continues to be in force and. tllerefore, the question of leave cannot form the subject matter of adjudication.

(ii) The question regarding leave facilities, having been provided for. in the Certified Standing Orders, framed by the company under the Standing Orders Act. any modifications to those provisions, as is now sought to be done, can only be in the manner provided for, in the Standing Orders Act, and can-not form the subject of adjudication. by the Indus-trial Tribunal, under the Act.

The Workers' Union met these contentions by stating tllat the various representations, made by it, to the Management, as well & as the presentation of Charter of Demands, amounted to notice of termination of the Award and that, notwithstanding the Stand ing Orders Act, when an industrial dispute was raised, regarding matters which might be covered by the Standing Orders of the Management, by the workmen and such dispute was referred, for adjudication, under the Act, by the Government concerned, the Tribunal had full jurisdiction to adjudicate. upon that dispute.

These two questions have been answered, by the Industrial Tribunal, llgainst the Management, by its order, dated August 26, 1963. The High Court, in its order under attack, has also agreed

with the findings, recorded by tlle Tribunal. In considering the first objection, both the Tribunal and the High Court have gone into the question as to whether the notice, contemplated under s. 19(6) of the Act, should be in writing, or, whether it can be oral, and have expressed the concurrent view that such notice can be oral also: but the ultimate finding, recorded by the Tribu-B nal, and accepted by the High Court, is that the various cor.res-pondence, that passed between the Management and the Union, will clearly show that the Union has terminated the Award. On the second objection the Tribunal, whose findings have, again, been accepted by the High Court, has held that the scope of the Standing Orders Act is very limited, and that there is reaHy no conflict, between the Act and the Standing Orders Act. It is the further view of the Tribunal that. in spite of the provisions, con-• tained in the Standing Orders, framed by the company, under the provisions of the Standing Orders Act, it is nevertheless open to Tribunal, to adjudicate upon those matters, when the question is referred to it. as an industrial dispute, under the Act.

In this appeal, on behalf of the Management, Mr. H. R. Gokhale, learned counsel, has raised the same two coP.1,entions, relating to the jurisdiction of the Industrial Tribunal, fu adjudi-cate upon the dispute, in question. In respect of the first objection, that the award, Exhibit M-6, has not been terminated by written notice. under s. 19(6\ of the Act, counsel urged that the views, expressed by both the Tribunal, and the High Court, that there could be notice, given even orally terrilinatinv the awara, is not

correct.

No doubt. the findings, in this regard, that there can be an

oral notice. given under s. 19(6) of the Act. has been sought to be supported, by Mr. B. R. L. Iyengar, learned counsel, appear-ing, for the Union. In our opinion it was not really necessary either for the Tribunal or for the High Court, to embark r upon. and express an opinion, on the question, as to whether the notice of termination of an award, under s. 19(6). of the Act, can be oral. because. so far as we can see. the Union has not raised any plea that the termination of the award, Exhibit M-6, in this case, has been brought about, by its giving an oral notice to the Mana~ement. On the other hand. the specific plea of the Union, on this aspect. was that the various representations, made bv it. to the Management. as well as the presentation of the Charter of Demands. amounted to notice of termination of the award. The various representations and the Charter of Demands, referred to, by the Umon, are the representations and charter given in writing, to .t~e ~{~nagc:ment, on various matters. Therefore. we express no opinion. n this case, as to whether the termination of an award, can be b•ought about by an ora.1 notice being given, under s. 19(6), •Jf the Act.

We will then consider the _question, as to whether there has been termination of the award, Exhibit M-6, in the manner pleaded by the Union. It cannot be over emphasized that an

intimation, claimed to have been given, regarding the termination A. of an award, must be fixed with reference to particular date, so as to enable Court to come to the conclusion that the party, giving that intimation, has expressed its intention t() terminate the award. Such certainty regarding date is absolutely essential, because, the period of two months, after the expiry of which. the award will cease to be binding on the parties, will have to be B; reckoned, from the date of such clear intimation. It is also neces-sary to state that, in this case, the High Court and the Tribunal, have proceeded on the basis tha.t the decision of this Court, in The Workmen of Western bulia Match Co. ltd. v. The Western India Match Co. Ltd.('), supports the proposition that an in-ference of an intention to terminate an award or settlement, can be gathered from the various correspondence that passed, between the Management and the Union. That decision, in our opinion, does not lend any support to such view. From the facts of that case, it is seen that there was settlement, between . the parties, on April 29, 1955, and there was Charter of Demand, given by the workmen, on January 25, 1957. On January 14, J 953, the Government of West Bengal, referred, to the Industrial D· Tribunal concerned, for adjudication, the demands made by the workmen. Earlier to that date. on March 29, 1957, the manage-ment had sent reply to the Union that the Charter of Demands, of January 25, 1957, could not be considered. inasmuch as the settlement of April 29, 1955, had not been validly terminated, under the Act. In answer to that communication, the Union wrote, on April 8, 1957, that the various representations, made by it, to the management and the representation of the charter of de-mands, amounted to notice of terminatic'li of the settlement. In dealing with this point, it will be seen that· this Court observes that no formal notice, as contemplated by s. 19(2), of the Act, has been given by the Union. But, this Court, ultimately, held that though no such formal notice was given, thli letter of p April 8, 1957, written by the Union. could. itself be construed as notice. within the meaning of s. 19(2), and therefore the Tribunal had jurisdiction to adjudicate upon the claim, as the reference was made, by the State Government, long after the expiry of two · months, from April 8, 1957. It will therefore be seen, that this Court treated the letter, of April 8, 1957, written by the Union, as amounting to notiee of intention to terminate the settlement. ~ But, in the Instant case, we specifically desired Mr. Iyengar, coun· sel for the Union, to state which was the particular letter, or representa.tion, made· by the Union, which could be considered to amount to. notice of termination of the award. Learned coun-sel stated that he relied upon the letter, dated June 26, 1961, written by the Union. to the Management, as amounting to a: notice, given by 'his client, intimating its intention to terminate the award, Exhibit M-6.

Jn view of this stand, taken by the counsel for the Union, "'.e are not referring to the events that took place, subsequent to this. (') [1963] 2 S.C.R. 27.

date, viz., June 26, 196 J, excepting to state that, ultimately, the State Gov.::rnment, referred the present dispute, for adjudication, to the .Industrial Tribunal. We have already stated that the award, in l.C. No. 11 of 1957, remained in operation, till November 18, 1957, under s. 19(3), of the Act, but notwithstanding the expiry of the period of operation, of the award, under sub-s. (3), the said award will continue to be binding on the parties, unless it is terminated, in accordance with s. 19(6), of the Ac\. Even during the period, when this award was jn operation, i.e .. within November 18, 1957, the workers made certain demands, as men-tioned in their letter, dated October 28, 1957. The demands referred to, in the said letter, related to various claims, made by the l)nion. Tn particular, item 3, of Annexure A. to .the said letter, related to certain claims, made by the several employees, regard· ing privilege leave and casual leave. On September 19, 1958, there \)'as settlement, arrived at, between the parties. under Exhibit. M-3. It is only necessary to note clause 5 of this agreement whereby the Staff Association withdrew the demands, in respect of the various claims, made on October 28, 1957, including the claim tnade, for privilege leave and casual ·leave. The Staff Asso-ciation also agreed that, for period of three years, commencing from January l, 1958, they would not ra.ise any dispute regard-ing any of the subjects covered by Annexure to their original demands, which included also the claim for privilege leave and casual leave. No doubt there is reservation, regarding gratuity, with which we are not now concerned. Therefore, it will be noted :I that though a. claim was made, in respect of leave, on October 28, 1957, the Union withdrew that claim. under the agreement, M-3, and they also agreed not to make any demands, for three years. This is settlement, arrived at. by the parties, and this settlement will be binding on them, unless it is terminated. in accordance· with s. 19(2l of the Act. .

On August 14, 1961, the Union issued notice, Exhibit W-3, to the Man-agement, under s. 19(21 of the Act, stating that the settlement, of September 19, 1958, will stand terminated, and cease to be binding, after the expiry of two months. from the date of receipt of that letter, by the Management. It is in between September 19, 1958, the date of the settlement .M-3 and August 14, ,1961. the date of the notice, W-3, terminating the settlement, that the letter, dated June 26, 1961, relied on by Mr. Iyengar, as amounting to notice of termination of the award, was sent by tfie Union,· No doubt, in this 'etter. the Vnion has. among other matters, claimed leave facilities, as stated therein. Tha.\ claim related to privilege leave, casual leave and sick leave. Even this letter does not, as such, intimate the Management, of the Union's intention to terminate the award, Exhibit M-6. Mr. Iyengar, learned counsel, urged that the very fact that the Union has made claims, 'in this letter, regarding leave facilities which are incon-sistent with the award, Exhibit M-6, will clearly show that the Union is not standing by the award. From the facts, mentionedabove, it will be clearly seen that the parties have entered into settlement, on September 19, 1958, and one part of the agree-ment is that the Union is withdrawing its claim regarding leave facilities and it has also agreed not to raise any disputes, regard-ing that matter, for period of three years. This settlement is binding. on both the Management and the Union, and will con-tinue to be binding, until it is terminated, in accordance with s. 19(2), of the Act. Notice of intention to terminate the settlement was given on August 14, 1961, and, under s. 19(2J of the Act, the settlement will cease to be binding, after the expiry of two months, i.e., on October 14, 1961. This letter, written on June 26, 1961, Jong before the issue of the notice, on August 14, 1%1. termina.t-.ing the settlement, under s. 19(21, is, in our opinion, of no avail. Unless the settlement is terminated, the Union had no right to make any demands regarding leave facilities, as it has purported to do, on June 26, 1961. Therefore, in our opinion, this letter cannot be considered to be notice, given by the Union, express-ing its intention to terminate the award. Apart from the fact that it does not convey any such intention, it is also invalid, inasmuch as it has been given. even before the settlement was terminated. l) From this, it will follow that when there is subsisting award, binding on the parties, the Tribunal will have no jurisdiction to consider the same points, in this reference.

Normally, this conclusion. arrived at, by us, may be enough lO dispose of this appeal; but the second question. relating to the jurisdiction of the Tribunal. functioning under the Act, to adjudi· cate upon dispute. which may result in the modification of the Standing Orders, framed by the nianagement. under the Standing 'Orders Act. has also been adjudicated upon by the Tribunal, and 1he High Court and the correctness of those findings, have been canvassed, before us. If. later on. there is proper reference to the Tribunal, the same questions may arise. for consideration; and 1her.efore, we shall proceed to express, our views on that aspect also.

The contention of Mr. Gokhale. learned counsel for the appellant, is that the Management, after the coming into force of the Standing Orders Act, had framed standing orders which have been cettified, by the Certifying Officer. Those Standing Orders, originaHy framed, made provision for the grant of privi· Jege leave, sick leave, casual leave and other allied matters. The Award, Exhibit M-6, dealt with the claim of the workmen, in this regard, and gave certain directions. Those directions have been incorporated, by the Management, by amending the Standing Orders and the provisions regarding leave, etc., are all to be found in those ~landing Orders Exhibit M-5. The Standing Orders Act. as the various provisions therein will show, is self-contained 5tatute, imposing obligations on the Management and also con· !erring rights. on the parties concerned. for the framing of and effecting modifications. in the Standing Orders. The manner in

which the modification is to be sought, is also indicated, in the· Act.

In this connection, learned counsel referred us to the inter-pretation, placed upon item 5, in the Schedule to the Standing Orders Act, by this Court, in The Bagalkot Cement Co. Ltd. v. R. K. Pathan('), that it is open, to the authorities functioning under the Standing Orders Act, to make substantive provisions for the granting of leave and holidays; along with conditions in respect of them. Mr. Gokhale pointed out that ·the Standing Orders Act placed an obligation, on the management, to have the Standing Orders certified; it imposes duty on the Certifying Officer and the Appel'ate Authority, to adjudicate upon the reasonableness and fairness of the Standing Orders; right has been given, both to the workmen, and the management, to apply to the Certifying Officer to have the Standing Orders modified; there is provision for appeals; penal provisions are provided, for failure to submit draft standing orders, or for modifying standing 'orders, otherwise than in accordance with s. IO; and, finally, jurisdiction is given under s. 13-A, to the Labour ~ourt, consti-D luted under the Standing Orders Act, to entertain any dispute that may be referred to it, by the employer or workman, regard-ing. the application, or interpretation· of a. standin~ order. These provisions, according to the learned counsel, cleariy show that the Standing Orders Act is self-sufficient statute,

if any proVision made, in respect of leave, in any Standing Orders; requires modification, the only procedure to be adopted by the party concerned, is as indicated in the Standing Orders Act. In respect of all matters which are to be so dealt with, regarding industrial establishments, to which the Standing Orders Act ap-plied, the Industrial Tribunal, constituted under the Act •. will have no jurisdiction to entertain claim or adjudicate upon the same. When two $tatutes, as in this case. the Act and the Stand' ing Orders Act, more or less deal with some common· matters, the· proper and reasonable view to hold will be that the Act can be invoked only in respect of industrial establishments which are not governed by the Stand!ng Orders Act. Mr. Gokhale also pointed o.ut that ·under such circumstances, the remedy to be adopted is the one, under the Standing Orders Act; and ·this is- a!so ·to be

deduced from the views, expressed by this Court, in certain deci-sions, to which he has .drawn our attention. Mr. Iyengar, learned counsel for the Unfon on the other· hand, points out that the Act and· the Standing Orders Act, have been enacted fo~ different purposes; the scope of an adjudication, ~nder the .standing Orders Act, counsel points out, is only regard-ll 1ng the fairness or reasonablenes~. of standing orders. The Stand-ing Orders, certified under the Standing Orders Act, are no doubt binding on the parties and, in individual cases, it may be possible for workman·to ·apply for modification of particular Stand-

Unfon on the other·

(') £19621 l)upp; 2 ac.R. l'IYl.

ing Order or raise question, regarding the application or inter- pretation of Standing Order, and refer it to the Labour Court. But, counsel points out, that does not mean tha:t there cannot be htrger question, by way of an industrial dispute, raised by the Urnon. or the workmen, as body, concerned, which will necessi-tate an adjudication, by the Industrial Tribunal, under the Act.

In this connection. counsel drew our attention to the fact that the Act and the Standing Orders Act, were amended by common Act-the Industrial Disputes (Amendment And Miscel-laneous Provisions) Act, 1956 (Act KXXVI of 1956). This Amend-ing Act made provision for, adjudication. by the certifying autho-rity and the appellate authority under the standing Orders Act, upon the reasonableness and fairness of standing orders. It made provision, giving right to workman also to apply to the Certifying Officer, to have the standing orders modified. Section I 3A, regarding reference being made to the Labour Court, by workman or an employer, in respect of the application, or inter-pretation of standing order, was also incorporated, by the Amending Act. Side by side with these amendments, ·made to the Standing Orders Act, various amendments were effected, in the Act also. Provisions regarding the constitution of the Labour Court, as well as the Industrial Tribunals, and matters over which they ha.ve jurisdiction, as enumerated in the particular Schedules to that Act, were also made. An adjudication, made by the Labour Court, or the Industrial Tribunal, i~ binding on the parties, referred to, in s. I 8 of the Act. No doubt s. I 3A. of the Standing Orders Act, enables an employer or workman, to refer to the Labour Court, any question relating to the application, or interpretation, of standing order. But the same Amending Act bas incorporated, in the Second Schedule to the Act, item 2, re-lating to 'the application and interpretation of standing orders', over which the Labour Court bas jurisdiction to adjudica.te upon. Similarly, counsel points out, the lndustrial Tribunal, constituted under the Act, bas been given jurisdiction to deal with matters, referred to. in the Second and Third Schedules to the Act. 'Leave with wages and holidays' is item 4. of the Third Schedule to the Act, over which jurisdiction bas been given only to the Industrial Tribunal. Jf the contention of the appellant is accepted, it will mean that in respect of similar question, covered by the stand- ing orders framed by company. the Labour Court, which is denied jurisdiction, under the Act, will be competent to adjudicate upon the same. Therefore, counsel points out, that the matters, covered by the standing orders. in respect of the various items contained in the Schedule to the Standing Orders Act, can no doubt. be dealt with. in accordance with the provisions contained . therei;1; but general or larger controversy. regarding those matters, can certainly form the subject of an 'industrial dispute'. as that expression is defined in the Act, and, if that is so, the lndustrial Tribunal will have jurisdiction to adjudicate upon those matters, when reference is made, by the State Government.

We are in agreement with the contentions of Mr. Iyengar, on this point. The scheme of the Standing Orders Act, has been dealt with, by this Court, in three of its reported decisions: GueM, Keen. Willitims, Private Ltd. v. P. J. Sterling('); The Bagalkot Cement Co. Ltd. v. R. K. Pathan('); and Salem E/ectricitv v. Employees('). Therefore, we do not think it necessary to cover the ground over again. Those decisions have also noted the amend-ments effected to the Standing Orders Act, by the Amending Act XXXVI of 1956. Those are the decisions, which have been refer-red to, by Mr.. Gokhale, in support of his contention that the observations made, therein, will show that after the amendment of the Standing Orders Act. in 1956, no industrial dispute can be raised, under the Act, in respect of the matters covered, by the Standing Orders Act, and that the remedy of the parties concern-ed, will only be, as laid down, therein. On perusal of those deci-sions, we do not find that any such proposition, has been laid therein. On the other hand, we will presently show, that in the latest decision of this Court, the question. as to whether there can he an industrial dispute, raised, which can form the subject of an

adjudication, under the Act, has been specifically left open.

In Guest, Keen, Williams, Private Ltd. v. P. J. Sterling('), the Management had framed standing orders which had been certi-fied, under the Standing Orders Act. On the basis of those standing orders, certain workmen were voluntarily retired, at the age of 55 years, and the dispute, regarding this matter, was referred to the Industrial Tribunal, under the Act. The order of the Manage· ment was set aside, and reinstatement of some of the workers, was ordered. An objection was raised, on behalf of the Management, before this Court, that the reference, by the Government, itself, was bad,. on the ground that s. 7 of the Standing OrdJ:TS Act makes the standing orders binding, between the employer and his 11 [employees, and, till those standing orders, are modified, the parties, ]will be governed by those standing orders, and the legality of the action, taken by the Management, on the basis of the standing orders, cannot form the subject of reference, under the Act. But this court, after referring to the scheme of the Standing Orders Act, observed that before the Standing Orders Act was amended, in 1956, if . the employees wanted to challenge the reasonableness, or fairness of any of the standing orders, the only course was to raise an industrial dispute in that matter, but that this position was altered, by the amendments made, to the Standing Qders Act, by which it had been made obligatory, on the part of the Certifying Officer, and the Appell!tite Authority, to adjudicate upon ,tlJe reasonableness and fairness of standing )( order, and right Jiad been given to the workman also, to ·apply

for the modification of any standing order. This Court further observed, at p. 3'58 :

"The sfanding orders certified under the Act no doubt become part of the terms of employment by opera-tion of s. 7; but if an industrial dispute arises in respect of such orders and it is referred to the tribunal by the appropriate government, the tribunal has jurisdiction to deal with it on the merits."

According to Mr. Gokhale, these observations will clearly indica.te that the view of this Court is that prior to 1956, the questions regarding standing orders, could form the subject of an industrial adjudication, under the Act, and he wants us to draw the inference that, after 1956, the view of this Court is, that the jurisdiction of the Industrial Tribunal, in such matters, has been taken away. We are not inclined to accept this contention of the learned coun-sel, for, this Court, in the above decision, had no occasion to consider the provisions of the Standing Orders Act, in relation to the Act. In fact, there is no reference at all to the amend-ments effected in 1956, to the Act.

The next decision is The Baga/kot Cement Co. Ltd. v. R. K. Pathan('). In that decision, this Co11rt had to consider, again, the effect of the Standing Orders Act, prior to its amendment, in 1956. No doubt the amendments, effected in 1956, are also adverted to when considering the scheme of the Standing Orders Act. lo parti-cular, the scope of item 5, of the Schedule to the Standing Orders Act, to the effect 'conditions of, procedure in applying for, and the authority which may grant, leave and holidays:, came up for consideration. The contention, on behalf of the Management, ap-pears to have been that the jurisdiction, conferred on Certify-ing Authority, under this clause, does not empower the said Authority to deal with the substantive question of the extent and quantum of leave and holidays. It was further contended th.at the y said clause only required the Standing Orders to provide for conditions, subject to which, leave and holidays could be granted, as well as the procedure, in respect thereof. In short, it was con-tended that the quantum of leave and holidays. to be granted to workmen, was outside the purview of the Schedule to the Stand-ing Orders Act and, as such. they could not be included by the Certifying Officer, or the Appellate Authority, in the Standing & Orders. This contention was rejected, by this Court, and it was held that the substantive provisions, for the granting of leave and holidays, along with conditions in that respect, could be provided for, in the Standing Orders. under cl. 5, of the Schedule. It will be noted that this decision was also concerned, solely with the question of the jurisdiction of the Certifying Officer and the Ap- pellate Authority, under the Standing Orders Act, in relation to the standing orders, which came up for consideration, before them. In this decision also this Court did not have occasion to

--~-------(') [1946) 2 S.C.R. 498.

consider whether those matters could form the subject of an indus-trial adjudication, under the Act. Mr. Gokhale, no doubt, relied upon the observation, at p. 710, to the following effect:

"It is not disputed that the claim for lea.ve and holi-B days can become the subject matter of an industrial dispute and if such dispute is referred for adjudication to an Industrial Tribunal, the Tribunal can fix the quantum of holidays and leave. What the Tribunal can do on such reference is now intended to be achieved by the Standing Orders themselves in respect of industrial establishments to which the Act applies. We have noticed that the Certifying Officer as well as the appellate autho-rity are, in substance, industrial authorities and if they are given power to make provision for leave and holi-days as they undoubtedly are given power to provide for termination of employment and suspension or dismissal for misconduct, there is nothing inconsistent with the spirit of the, Schedule or with the object of the Act."

and attempted to persuade us to hold that in respect of all the matters, covered by the standing orders, exclusive jurisdiction is vested only in the authorities, constituted under the Standing Orders Act. Though, prima facie, the above observations may appear to give some support to this contention of Mr. Gokhale, in our opinion, those observations must be limited to the question that this Court was considering. in that case, which, again, was with reference to the powers of the authorities, under the Standing Orders At:t, as well as the rights of the parties, with reference tQ those standing orders. But, at any rate, as we shall presently 'show. i!1 the later decision, the question of jurisdiction of the Industrial Tribunal, in such matters, has been specifically left open.We then come to the decision of this Court, in Salem Electri-city v. Employees('). In that case, the appellant had framed stand-ing orders and got them certified, in or about 1947, under the Standing Orders Act. In 1960, the appellant made an application, before the C~rtifying Officer, for amendm~.~\ of certain standing orders. By virtue of the proposed amendthent, the management wanted to have two sets of standing orders, lei' govern the relevant terms and conditions of its employees. Both the Certifying Officer, as well as the Appellate Authority, declined to modify the stand-ing orders, as desired by the management. The question that arose for decision was short one. as to whether the rejection of the application of the management, 'was justified or not. This Court. again. considered the scheme of the Standing Orders Act, both before and after its amendment in 1956, and held that in regard

to the certification of the standing orders, the Standing. Orders Act provided ·for self-contained code, and ultimately held that the refusal of the Certifying Officer and the Appellate Authority, to modify the standing orders, was perfectly justified.

Here. again, this Court had no occasion to consider the posi-tion of standing orders, framed under the Standing Orders Act, in relation to an industrial dispute that may be raised, and refer- red for adjudication, under the Act.· In fact, that no decision was intended to be given, on that aspect, is made clear by the learned Chief Justice, when he observes, at p. 506:

"It may be that even in regard to matters covered by certified Standing Orders, industrial disputes may :arise between the employer and his employees, and question may then fall to be considered whether such disputes can be referred to the Industrial Tribunal for its adjudication under section IO(l) of the Industrial Disputes Act. In other words, where an industrial dis-pute arises in respect of such matters, it may become necessary to consider whether, notwithstanding the self-contained provisions of the Act, it would not still be open to the appropriate Government to refer such dispute for adjudication. We wish to make it clear that our decision in the present appeal has no relation to that .question. In the present appeal, the only point which we are deciding is whether under the scheme of the Act, it is permissible to the employer to require the appro-priate authorities under the Act to certify two different sets of Standing Orders in regard to any of the matters covered by the Schedule."

None of the above decisions lend support to the contentions -0f the learned counsel for the appellant that. after the amendment effected in 1956, to the Standing Orders Act, the Industrial Tribunal will have no jurisdiction, under the Act, to adjudicate upon any disputes in relation to matters. covered by the Stand-ing Orders, framed under the Standing Orders Act.

Further, accepting the contention of the learned counsel for the appellant, will be to practically wipe out the existence of the Act, so far as industrial establishments,· governed by the Stand-ing OrdersAct, are concerned. The Legislature, in 1956, amended, by the same Act vi:..; Act XXXVI of 1956, both the Act and the Standing Orders Act. Schedules were also incorporated in the Act, and. in particular. the same item. which is referred to in s. BA, of the Standing Orders Act. is again referred to. as item 2, of the Second -Schedule to the Act, over which the Labour Court has jurisdiction. Item 5. of the. Schedule to the Standing Orders Act. as interpreted, by this Court. gives jurisdiction to the autho-rities under that Act. to frame standing orders, with reference,.A not only to the procedure for grant of leave and holidays, but also in respect of the quantum of leave, and allied matters. The Legislature, in item 4 of the Third Schedule to the Act, dealing with 'leave with wages and holidays', has conferred jurisdiction, in that regard, on the Industrial Tribunal. The Standing Orders Act which. has for its object. the defining, with sufficient preci-sion, the conditions of employment, under the industrial establish-ll ments and to make the said conditions known to the workmen employed by them, has provided more or Jess speedy remedy to the workman, for the purpose of having standing order modi-fied, or for having any question relating 10 the application. or interpretation of standing order, referred to labour Court. But there is no warrant, in our opinion. for holding that merely be-<l cause the Standing Orders Act is self-contained statute. with regard to the matters mentioned therein, the jurisdiction of the Industrial Tribunal, under the Act, to adjudicate upon th~ matters, covered by the standing orders, has been. in any manner, 11bridged or taken away. It will always be open. in proper case, for the Union or workmen to raise an 'industrial dispute'. as that expression is defined in s. 2(k) of the Act, and, if such dispute is referred by the Government, concerned, for adjudication, the Industrial Tribunal or Labour Court, as the case may be; will have jurisdiction to adjudicate, upon the same. But, it must also be borne in mind that an 'industrial dispute' has to be raised by the Union, before it can be referred and, it is not unlikely that Union must be persuaded to raise the dispute, though the griev-E ance of particular workman. or member of the Union, be otherwise well-founded. Even if the Union takes up the dispute, the State Government may, or may not, refer it to the Industrial Tribunal. The discretion of the State Government, under s. l 0 of the Act, is very wide. It may be that the workmen. affecteu by the standing orders. may not always. and in every case. succeed in obtaining reference to the Industrial Tribunal. on relevant point. These are some of the circumstances for giving right and remedy, to the workman, under the Standing Orders Act itself, but there is no indication, in the scheme of the Standing. Orders Act, that the jurisdiction of the Industrial Tribunal to enter-tain. an 'industrial dispute', bearing upon the standing order¥ of an industrial establishment, and 10 adjudicate upon the same· has in any manner been abridged. or taken away. by the Sta~ding Orders Act. Therefore. on this aspect. we are in agreement with the conclusions. arrived at, by the Industrial Tribtmal. and the High Court .

. But, in view of our finding on the first paint, that the awurd, Exh1b11 M-6, had not been terminated. it follows that -the refer-ence. made by the State Government. dated March 20. 1963. in this case, is incompetent. and the Industrial Tribunal has no juris-diction to adjudicate upon the same, in 1.0. No. 8 of 1963. In the result, the order of the High Court is set aside, and writ of

prohibition, restraining the second respondent, from. proceeding A.

with the adjudication, in I.D. No. 8 of 1963, will issue, and the ¥peal allowed, to that extent. Parties will. bear. their own costs, in this appeal.

Appeal allowed. in part