TMI Blog1972 (5) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... Thursday. It is common ground that previously Sunday was the weekly rest day in all the six collieries. The change in the weekly days of rest was to take effect from September 15, 1963 which was a Sunday. The workers of the collieries did not turn up for work on Sunday September 15, as a result whereof negotiations were held between the appellant and some of the workmen represented by the Colliery Mazdoor Sangh and it was agreed that the new schedule would take effect from September 22, 1963. It may here be pointed out that the- respondents in these appeals, who were also respondents in the High Court in the six writ petitions, are members of another union called the Congress Mazdoor Sangh which was not a party to that agreement. The said agreement was not given full effect, with the result that on September 22, 1963, again, the workers did not turn up for work in the collieries. The appellant thereupon filed two applications under sub-para (1) of para 8 of the Coal Mines Bonus Scheme (hereinafter referred to as the Scheme) before the Regional Labour Commissioner for a declaration that there, was an illegal strike on September 22, 1963. Even after September 22, 1963, the controver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant appealed to the Central Industrial Tribunal, Dhanbad in all the six matters, but without success. Aggrieved by these decisions, the appellant approached the Patna High Court by means of six writ petitions which were disposed of by two separate orders both dated November 16, 1966. In one judgment, the High Court dealt with the four writ petitions complaining of illegal strike and in the other with the two writ petitions complaining of illegal lock-out. The High Court upheld the decision of the Regional Labour Commissioner as also of the Central Industrial Tribunal on appeal, and dismissed all the six writ petitions. It is in these circumstances that the present six appeals Iron Steel Company Limited. The principal question which requires consideration though Its importance, as pointed out by both sides, lies in the fact that the Bonus provided under the Scheme depends on attendance and if it is held that the workers had resorted to illegal strike, then they would be deprived of bonus for a quarter of the year. The main argument raised on behalf of the appellant centres round the construction to be placed on s. 9A of the Industrial Disputes Act, No. XIV of 1947 (hereinafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... industrial establishments or to that class of workmen employed in any industrial establishment. According to the appellant, there was no change in the con- ditions of service applicable to the workmen in respect of any item falling in the Fourth Schedule. Here, we may reproduce only three items out of eleven contained in the Fourth Schedule because according to the arguments ' addressed at the bar, these were the only three entries considered to be relevant. These entries are nos. 4, 5 and 8 and they read as under 4. Hours of work and rest intervals; 5. Leave-with wages and holidays; and 6. Withdrawal of any customary concession or privilege or change in usage . The arguments forcibly pressed by Shri Pai in this Court broadly speaking, proceeded thus : The change in the schedule of rest days did not effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule. It was due to an emergency created by unforeseen circumstances beyond the appellant's control resulting in power shortage that the appellant was compelled to stagger the weekly days of rest in the six collieries, including the tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd such a Tribunal can only be created by the legislature and not by an executive flat and that s. 5 of the Coal Mines Provident Fund and Bonus Schemes Act (No. 46 of 1948), which authorises the Central Government to frame the Scheme, does not empower the Central Government, either expressly or by necessary implication, to create such a Tribunal. This challenge was pressed with some force and wag also elaborated though it is interesting to note that it was the appellant company itself which approched the regional Labour Commissioner under this very paragraph for relief by means of four applications and on feeling aggrieved by the adverse orders of the Commissioner in these four matters and in the two matters in which the appellant had unsuccessfully contested the workmen's applications seeking declaration of ill.-,gal lock-outs on September 25 and 26, 1963, took these matters on appeal to the Central Industrial Tribunal. Instead of ignoring these Tribunals or questioning the legality of the appointment of the Regional Labour Commissioner and of the Central Industrial Tribunal, the appellant, it is noteworthy, preferred to take the chance of obtaining favourable orders from them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be necessary or pro-. per for the purpose of implementing the Scheme. Now if any dispute arises about the payment of bonus depending on the attendance of an employee in accordance with the terms of the Scheme, then, according to item 7 of the Third Schedule, settlement of such a dispute may legitimately be considered to be necessary or proper for the purpose of implementing the Scheme. Constitution of a Tribunal and laying down procedure for the proceedings before such a Tribunal for adjudicating upon such a dispute would, according to the respondents, contention, fall within item no. 7 and would, therefore, be intra vires. Dealing with the last point first, the Coal Mines Provident Fund and Bonus Scheme Act, 46 of 1948, was originally enacted for making provision for the framing of a Provident Fund Scheme and Bonus Scheme for persons employed in coal mines. in 1971 the Purpose of this Act was extended to the framing of a family bonus Scheme but that amendment does not concern us. Section 5 of this Act empowers the Central Government to frame the Coal Mines Bonus Scheme which may provide for all or any of the matters specified in the Third Schedule. (Prior to the amendment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complex socioeconomic problems requiring speedy solution the power of delegation has by now, as per in necessity, become a constituent element of legislative power as a whole. The legal position as regards the limitations on this power is, however, no longer in doubt. The delegation of legislative power, is permissible only when the legislative policy and principle is adequately laid down and the delegate is only empowered to carry out the subsidiary policy within the guidelines laid down by the legislature. The legislature, it must be borne in mind, cannot abdicate its authority and cannot pass on to some other body the obligation and the responsibility imposed on it by the Constitution. It can only utilise other bodies or authorities for the, purpose of working out the details within the essential principles laid down by it. In each case, therefore, it has to be seen it there is delegation of the essential legislative function or if it is merely a Case in which some authority or body other than the legislature is empowered to work out the subsidiary and ancillary details within the essential guidelines, policy-and principles, laid down by the legislative wing of the Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... financial loss to the workmen. But the financial benefit cannot be the sole criterion in considering this question. in this connection it must not be ignored that due to long usage and other factors Sunday as a holiday may for conceivable reasons have assumed importance for workmen. For certain classes of workmen Sunday as a weekly rest day may also have special significance. Workmen may, for example, also generally like to have weekly rest day on a Sunday when their school going children have a holiday so that the entire family may be able to take part in recreational or other social activities. This consideration has its own importance. If that be so, then, notice for effecting such a change would be within the contemplation of s. 9A. The real object and purpose of enacting S. 9A seems to be to afford an opportunity to the workmen to consider the effect of the proposed change and, if necessary, to represent their point of view on the proposal. Such consultation further serves to stimulate a feeling of common joint interest of the management and workmen in the industrial progress and increased productivity. This approach on the part of the industrial employer would reflect his har ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;s contention that the workmen concerned had resorted to illegal strike on September 22 and 29, 1963 must be rejected. On this view the respondents' contention that the appellant had illegally declined to give work to the respondents on September 25 and 26, 1963 and that the appellant had declared lock-out on those two days which was illegal has also to be upheld. No doubt, mere refusal to give work does not by itself amount to lock-out but in the present case it cannot be disputed that when the employers closed the Sijua and Bhelatand collieries respectively on September 25 and 26, 1963 they knew that this change in the weekly days of rest was, not acceptable to a considerable section of the workmen who had not come to work on Sunday September 22, 1963. The closure of the place of work in the two aforesaid collieries on the two days in question was thus deliberate. Coal having been declared a public utility service, as observed by the Regional Labour Commissioner in his order, notice as contemplated by s. 22 of the Act was necessary. Such a notice having not been given, the lock-out was clearly illegal under s. 24 of the Act. The High Court was in our opinion right in the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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