TMI Blog1973 (8) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ry evidence. After examining the evidence; the Tribunal gave its award on September 26, 1969. All the referred points except a part of point No. 1 and point No. 7 were decided against the workmen. Point No. related to the categorisation of workmen in the factory. They were catagorised into four classes : (1) highly skilled workmen, (2) skilled workmen, (3) semi-skilled workmen, and (4) unskilled workmen. ,'The finding on point No. 7 is not impugned in this appeal. A part of point No. 1 relating to the fixation of grades and scales of pay was ,decided agains the, workmen. 'there is no appeal against this, part of the award by the workmen. The remaining part of point No. 1 relating to the fixation of the basic wage and dearness allowance was decided in favour of the workmen. The basic wage of the workmen was fixed in the, Following manner: (1) highly skilled workmenRs. 32/- per week (2) skilled workmen ₹ 23/- per week (3) semiskilled workmen ₹ 25/- per week (4) unskilled workmen ₹ 22 50 p per week. They were also given an increment of ₹ 10/- over the basic wage. The basic vage of other employees was fixed in the following manner: (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting reasons. The second passage quoted by us states merely on,-- of the, reasons. The, other relevant reasons are not disclosed. The giving of reasons in support of their conclusions by judicial and quasi-judicial authorities when exercising initial jurisdiction is essential for various reasons. First, it is calcultated to prevent unconscious unfairness or arbitrariness in reaching the conclusions. The very search for reasons will put the authority on the alert and minimise the chances of unconscious infiltration of personal bias or unfairness in the conclusion. The authority will adduce reason- which will be regarded as fair and legitimate by a reasonable man and will discard irrelevant or extraneous considerations. Second, it is a well-known principle that justice should not only be done but should also appear to be done. Unreasoned conclusions may be just but they may not appear to be just to those who read them. Reasons conclusions on the other hand, will have also the appearance of justice. Third, it should be remembered that an appeal generally lies from the decisions of judicial and quasi-judicial authorities to this Court by special leave granted under Art. 136. A judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with an ability to provide for old age and evil days. Fair wage lies between the minimum wage, which must be paid in any event, and the living wage, which is the goal. The referring order of the West Bengal Government does not ask the Tribunal to fix the bare minimum wage as explained in the aforesaid decision; nor do the pleadings of the two Unions set out a clear and unambiguous plea for the bare minimum wage. Paragraph 6 of the written statement filed by the Issac Holdens Mazdoor Union states that the conditions of service for the workmen have been kept miserably low on the lines of the jute workers. Paragraph 8 says that the basic wages of workmen of all categories are low. This, in our opinion, is not a clear and unequivocal plea for the bare minimum wage. Paragraphs 6 and 8 make a statement of the factual position regarding the condition of service including the basic wages in the factory at the time of the reference of the, dispute to the Tribunal. It is no where stated in the aforesaid written statement that the workers were claiming bare minimum wage. Paragraph 11 of the written statement seems to suggest to the contrary. It is said in this paragraph that the, cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was claiming a basic fair wage, and not the bare minimum wage.' Nowhere in this written statement there is a clear demand for the bare minimum wage. On the whole the two written statements, in our view, seek to claim a basic fair wage. The statement of N. H. Khan, P.W. 1 that the wages are very inadequate for their subsistence again is a characterisation of the rates of wages in the factory at the time of the reference. Those words cannot spell out a demand for bare minimum wage. Expatiating on the workmen's demand for--the basic Wages claimed in their statement, N; H. Khan later said that when we, say that our demand for wages is need-based, I mean that. my. children will have adequate food and proper clothing and expens`s for education. I mean by that we want minimum wages. Our attention was also drawn by Mr. Sanghi to the statement of G. Ghorai to this effect : I have 7 de- pendents. One of them is of school going age. I cannot send her to school. I have two children, elder is the daughter. She is 6 years. My brother who is 15 is unemployed. He cannot be sent to school nor my daughter because of paucity of money. We, seven live in one room flat at a rent of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wanted to emphasise the fact that having regard to the financial capacity of the woolcombers it was not awarding more than the floor level of the fair wage to the workmen. So we do not agree with Shri Sanghi that the Tribunal has fixed the bare minimum wage. Now, the absence of reasons in support of the conclusions is indeed a serious flaw in the award. However, the award cannot be set aside simply on that score, if there is evidence on the record in support of the Tribunal's conclusion. Accordingly we have gone through the entire evidence on record. It is now well-settled that basic wage and dearness allowance should be determined in the light of the industry- cum-region formula and the financial condition of an employer. So the evidence win have to be examined in the light of these two principles. Industry-cum-region formula : For fixing basic wages and dearness allowance industrial adjudication sometimes leans on the industry part of the industry-cumregion formula and at other times on the region part of that formula. The industry part of the formula becomes relevant when the business carried on by the employer before industrial adjudication is also carried on by sever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence of workmen that many of them work in conditions of intense heat : and this is admitted also by the Woolcombers witness, B. B. Roy. One of the workmen's witness has stated that often workers faint on account of working in intense heat. Again, the evidence of the workmen also shows that many of them work in high powered light which causes very great strain on their eyes. B. B. Roy has also admitted that some of the workers work in very difficult conditions of dust. In short, the evidence shows that the work in the Woolcombers requires much more caution, precision and attention than the work in the jute mills. Naturally, the workers are put to much' more. mental and physical strain than the workers in the jute mills. B. B. Roy, Woolcombers, witness, has compared the job of certain workmen in the Woolcombers with the job of workmen in the jute mills. For instance, according to him Soap makers' job in the Woolcombers is similar to Emulsion Tank Attendant of Anglo India Jute Mills. Soap makers' job, according to him, is to make Soap solution in a tank,, while Emulsion Tank Attendants' job is to make emulsion of soap, oil and water- He has made similar comparis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indeed the Tribunal could not rely on this oral evidence. The workmen did not specify in their written statement the names of the comparable concerns in. the region. Accordingly the Woolcombers could not have a reasonable opportunity of effective confrontation of, the workmen's witnesses. More importantly, it should be remembered that in dealing with the comparable character of an industrial undertaking; the industrial adjudication does not usually rely on oral evidence alone. This question is considered in the light of material evidence and circumstances which are generally proved by documentary evidence. What is the, total capital invested by the concern, what is the extent of its business, what is the order of the profits made by the concern, what are the dividends paid, how many employees are employed by the concern what is its standing in the industry to which it belongs, these and other matters have. to be examined by industrial adjudication in determining the question as to whether one concern is comparable with another in the matter of fixing wages. Now, it is obvious that these questions cannot be decided merely on the interested testimony either of the workmen, or o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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