TMI Blog1960 (12) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... he is in service of the company at the time of his application for the same. This dispute was referred by the Government of Bombay for adjudication before the Industrial Tribunal under s. 10(1)(d) of the Industrial Disputes Act XIV of 1947. The Tribunal considered the contentions raised by the appellant against the respondents' demands, took into account awards or agreements between employers and their employees in comparable concerns and made its award. In regard to privilege leave the Tribunal has ordered that leave should be granted to the staff members covered by the reference as follows: Privilege leave upto 3 ... 16 days as at present completed years of service per year. Up to 9 completed years... 22 days per year. And thereafter ... One month for every 11 months of service. The award allows accumulation of privilege leave upto three years. As regards sick leave, the Tribunal has ordered that the appellant should give its staff covered by the present award 15 days sick leave in a year with full pay and dearness allowance with a right to accumulate upto 45 days. It has also directed that no medical certificate should be demanded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Act from time to time indicate that the Act has been pursuing its beneficent policy slowly but steadily and is attempting to provide for the workmen better and larger amenities in their employment. It is in the light of this obvious policy and object of the Act that we have to decide the question raised before us by the appellant. Section 79(1) occurs in Chapter VIII which deals with annual leave with wages. It provides thus: 79. (1). Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of- (i)...if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii)..if a child, one day for every fifteen days of work performed by him during the previous calendar year. Explanation 1--For the purpose of this sub- section- (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to the alternative construction which, as we have just indicated, is reasonably possible. The answer to this question must be in the negative for two reasons; first, having regard,to the obvious policy and object of the Act, if s. 79(1) is capable of two constructions that construction should be preferred which furthers the policy of the Act and is more beneficial to the employees in whose interest the Act has been passed. It is well settled that in construing the provisions of a welfare legislation courts should adopt what is sometimes described as a beneficent rule of construction; but, apart from this general consideration about the policy and object of the Act, ss. 78 and 84 occurring in the same Chapter as s. 79 clearly indicate that s. 79(1) is not intended to standardise leave provisions as contended by the appellant, and that is the second reason why the appellant's argument cannot be accepted. Let us then consider the provisions of Bs. 78 and 84. Section 78(1) provides that the provisions of Chapter VIII shall not operate to the prejudice of any right to which a worker may be entitled under any other law, or under the terms of any award, agreement or co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfined only to existing law there is no reason why reference to any award, agreement or contract of service should be similarly circumscribed or limited. We feel no difficulty in holding that what s. 78(1) protects are laws, awards, agreements or contracts of service which were then existing or which would come into existence later; that is to say s. 78(1) does not affect preexisting arrangements and does not also prohibit future arrangements which would be more generous than s. 79(1). A law may be passed making more generous provisions, or agreements or contracts may be entered into or awards made with the same result. If that be the true position s. 78(1) clearly negatives the theory that s. 79(1) provides for standardisation of annual leave with wages. The provisions of s. 84 would also lead to the same result. Section 84 provides that where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which Chapter VIII makes provision it may by written order exempt the factory from all or any of the provisions of Chapter VIII subject to such conditions as may be s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wages the section then prescribed a minimum of ten days; subsequently, by amending Act 25 of 1954, s. 79 as it stands at present was enacted; and in s. 78 the word annual has been added to qualify leave in the proviso. We have thus briefly referred to some changes made in the Act from time to time in order to show that subsequent amendments have sought to make the provisions more liberal. There is one more point which may incidentally be mentioned whilst we are considering the amendments made in the Act from time to time. Section 49A which broadly corresponds to s. 78 of the present Act saved other laws and terms of any award, agreement or contract of service just as s. 78(1) does. Now, if the said section is construed on the lines which the appellant wants us to construe s. 78(1) it would only be arrangements existing at the date when the said amending Act came into force on January 1, 1946, that would be protected and saved, and nothing that happened either by way of legislation or by way of awards or contracts subsequent to the said date would attract the provisions of the said s. 49A or s. 78 which subsequently took its place. This obviously is not intended by the Legislatur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the consideration that unduly generous or liberal leave provisions would affect production and obviously production of essential commodities is in the interest of not only the employers and the employees but also of the general community; but it is difficult for us to accept the argument that we should make suitable modifications in the provisions made by the award in regard to privilege leave or sick leave. These are matters primarily for the Industrial Tribunal to consider and decide. The Tribunal is more familiar with the trend prevailing in comparable concerns, and unless it appears that the impugned provisions cannot be sustained on any reasonable ground or that they mark a violent departure from the prevailing practice or trend, we would be reluctant to interfere with the decision of the Tribunal. After all, in deciding what ,would be a reasonable provision for privilege leave or sick leave, the Tribunal has to take into account all relevant factors and come to its own decision. As we have already indicated, in making the present award the Tribunal has considered previous decisions which were relevant and prevailing agreements in comparable concerns. We have carefully consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
