Ranchi Cinema Employees Union v. Presiding Officer, Industrial Tribunal
2004-06-21
AMARESHWAR SAHAY
body2004
DigiLaw.ai
JUDGMENT Amareshwar Sahay, J. 1. The petitioner Ranchi Cinema Employees Union has challenged the award of the Industrial Tribunal, Ranchi dated 27.7.1996 in Reference Case No. 10 of 1985, whereby the learned Tribunal has held that the workman are not entitled to get any scale of pay or any DA and further that they are not entitled to get uniforms or uniform allowances. 2. The facts in short giving rise to this application are that an appropriate Government referred the following dispute to the Tribunal for adjudication :- (i) Whether the pay-scale of different categories of workman employed in the cinema house of Ranchi are required to be fixed? it so, what should be the pay-scales of the different categories of the workman and from which date it should be effective? (ii) Whether the workers employed in the cinema houses of the Ranchi should be paid dearness allowance also in addition to their pay-scale? Thereafter, if so what should be the rate of the Dearness Allowances for the different categories of the workmen and from which date it should be effective? (iii) whether the workers employed in the cinema houses of the Ranchi should be supplied with uniforms also? if so, at which scales? 3. From the impugned award, it appears that the learned Tribunal formulated the following points for consideration :- (I) Whether the present reference is bad and not maintainable or the same is valid, proper and maintainable? (II) Whether the workmen of cinema houses of Ranchi are entitled to get the pay scale. If the answer is given in affirmative what should be the scale of pay of different categories of employees of cinema houses of Ranchi and from which date the said scale of pay will be effective? (III) Whether the workmen of cinema houses of Ranchi are entitled to get dearness allowance. If the answer is given in affirmative what should be the extent of DA and from which date the said DA will be effective. (IV) Whether the workmen of cinema houses of Ranchi are entitled to get uniforms. If the answer is given in affirmative, what should be the number and nature of uniforms or in the alternative what should be the amount of the uniforms allowance? 4.
(IV) Whether the workmen of cinema houses of Ranchi are entitled to get uniforms. If the answer is given in affirmative, what should be the number and nature of uniforms or in the alternative what should be the amount of the uniforms allowance? 4. So far the point No. (i) regarding the maintainability of the reference, the learned Tribunal held that the reference was maintainable and it was not bad rather it was valid and correct. 5. The point Nos. 2 and 3 were clubbed together. While discussing the cases of the parties, the learned Tribunal noticed the admitted position of the parties. From paragraph 19 of this award and while dealing with the point Nos. 2 and 3, the learned Tribunal discussed the evidence adduced on behalf of the Management and also the documents were exhibited by the Management. In the entire discussion. I find that the Tribunal has not taken into consideration, the evidence of any of the witnesses examined on behalf of the workman nor a single document exhibited on behalf of the workman were considered. From a close scrutiny of the award, I find that though the Tribunal has held that the workman are not entitled to the salary, DA and uniform etc. but no reason at all has been assigned for rejecting the claim of the workman. Therefore, it is evident that the learned Tribunal has not applied his mind and has not considered the materials on record. Therefore, in my view. it cannot be said that the impugned award is valid in any manner. Accordingly, I allow this writ application, set aside the impugned award of the Tribunal and remand the same to the Industrial Tribunal. Ranchi for passing a fresh award after hearing the parties and after discussing the entire materials on record within a period of three months from the date of receipt/production of a copy of this award. There shall be no order as to cost.