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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, MONDAY, JULY 25, 1949

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

NOTIFICATION

New Delhi, the 22nd July, 1919

No. LR3(75).—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (XIV of 1947), the Central Government is pleased to publish the following award of the Industrial Tribunal, Calcutta, in the industrial dispute between the workman employed in Tezpur Balipara Railway and the management.

REFERENCE No. 1 OF 1949.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CALCUTTA

Before F. Jeejeebhoy, Barrister-at Law.—Chairman.

Parties.—The Workmen employed in Tezpur Balipara, Railway

AND

Their Employers, represented by McLeod & Co., Railway Department, 28 Dalhousie Square, Calcutta.

Appearances :—

For the Workmen:—Sri Dwijendra, Lal Ken Gupta (Counsel), Sri Mohi Kant Das, President of Tezpur Balipara Railwaymeu Union, Sri K. P. Tripathy, President of Tezpur Balipara Mazdoor Union.

For the Company :—Sri Satish Sen, with Mr. D. A. Neame, an officer of the Company.

AWARD

By Notification No. LR-3(75), dated 12th , 16th April l949 the Central Govern- ment has referred to this Tribunal for adjudication an industrial dispute hot-ween the Workmen employed in the Tezpur Balipara Railway and its Management. The concern is known as the Tezpur Balipara Tramway Co., Ltd.

( 1251 )

This Railway covers a short span of 20 miles between T.eajmr and BaJiparfl in Assam. It serves in the main tho leu estates in the vicinity, bringing down tea and other produce to Tezpur, and taking up to the estates their stores. Two-third of the traffic is goods and one-third passenger. McLeod & Co., of Calcutta are the Manag- ing Agents of this Railway, and their local agents at Tezpur are Kilburn & Co.

Alter the workmen had filed their statements of claim, and the employers had filed their written statement-, and a reply had completed tht> pleadings, I framed by consent the following issues :•—

ISSUES :

1. (Should the basic pay and dearneas allowance be increased so as to conform to tbo standard in the Pay Commission Report or otherwise.

f* 2. Should Standing Orders be passed for the workmen of this concern, and phould ;iny directives be given regarding" leave, working days and hours, and promotion, rules of punishment, discharge, dismissal, retrenc-lnuent.

'.i. Were the following seven persons discharged or dismissed as a result of any unfair practice of victimisation and should they be reinstated or given any other relief:

(a) SrilR. C. Dey,

(b) Sri J. C! Chaudhury,

(c) Sri Kabiium Saikia,

(d) Hri Colap Chandra Saikia,

(") Sri IJari Kn.mpti,

(/) Sri Tilok Magii,r, and

(g) Sri Meghu Suha.

4. Are the following sii perwojis entitled to any payment for the period bot\veen*their dLsmisKal and tlieir being In.kon back;

(a) Sri MakuloKvuir Gangul.y,

(b) Sri Nirslui Koy.

(c) Sri SomesM'ar Koch,

(d) Hri Hhuban Chandra Barn,

{>') Sri IJlmniidhar Bam, and

(/) Sri Akshoy Chundra Doy.

•!}. Should the contract system of Jtibour in this concern \w abolished or should any directives he, given in the matter.

fi. Should >\ny orders be made regarding quarters for staff or anything in liou thereof.

7. Should the workmen be, given free passes or anything in lieu thereof.

8. Should any retiring gratuity be ordered.

D. Should the Contributory Provident Fund be extended to all the employees.

10. Should any orders be made regarding educational facilities.

11. Should any orders be made about the amenities of the workmen.

12 Should any orders be iriade about medical attendance.

Eelevan^to the principal issues is tho history and the working of this". Railway.

•after the year 1940. Mr. P. A. Neame had been the Traffic Superintendent at Tezpur until he left for wax service on 26th January 1942. After his departure the work of tho Tmffio Superintendent was split up between :

{a) the Traffic Controller, (6) Accountant, and (c) Local Agent, represented by tho Tezpur Manager of Kilburn & Co.

The Company had started in business with a capital of four lacs of rupees o^d made good profits during the war years; but at the same time the Company was re- quired to pay Extra Profits Tax with the result, I am told, that profits above Rs. 40,000 in the war years wero taken away. After the war the profits have dwindled -and in the last two periods of six months each this concern has worked at a substan- tial loss. Investments have had to be sold (partly to pay inoome-tax in arrears) •and at present arc down to something like 2\ lacs, reserves have disappeared and the Company has had to dip into assets to meet expenditure. The Company has not paid, any dividend on ordinary shares from 1033 or on preference shares from J938, exoept for a single declaration of 0% dividend on preference shares and 10% on ordinary shares in 1043. The Government has had the option to purohase this concern but has declined to exercise it HO far ; the next date for the exercise of such option is 1951, and the Company in willing that the Government should take over the concern at once.

The workmen of this Railway had certain grievances against the Company which they tisked should be reclined, hut as the Company did not respond they submitted statement of claims and gave notice of strike, to commence from 16th November, 1947. Mr. Talih, the Regional Labour Commissioner (Central), promptly took matters in hand and started his work of conciliation. He had discussions with the Union as well as with the employers, and ultimately he Kent the Company a letter datod 1st December 1947 (Ex. 38—copy annexed) in which ho suggested terms for the acceptance of the Com pany. The Company replied by their letter of 6th Decem- bor 1947 (fix. 39—copy annexed) accepting the gradings and. the pay scales which •were suggested by the Regional Labour Commissioner. One or two minor adjust- ments followed and the wago structure was finalised in May 1948, just about a year ago, •with tho consent of both the parties. It was then deoided that Dearness Allowance was to be given at a Jlat rate of Rs. 25 per month and would continue to be paid to H.I 1 the employees in addition to their pay, and would bo withdrawn gradually in, accordance with the downward, trend of cost of living index, if and when it occurred.

Mr. Talib's letter (Ex. 38) of 1st December 1947 referred to certain other disputes between the parties, reference to which will be made later in this award.

The Company duly implemented (ho now wage structure and oaJfed out Mr. Talib's other recommendations. But six months later, in October TW48, the Hon.'bio the Minister for Labour of the Government of India visited tins area., and the workmen took the opportunity of presenting to him a booklet of their grievances (Ajme.vurc A of workmen's \\ ritten statement), asking that their claims might be re- ferred to a. Tribunal. In effect they wanted a revision of the, pay structure settled •six months previously. This reference is said to be the result of that representation.

Tsstm No. (./) :- -The lowest paid workmen at present get a basic pay of Rs. 26 and Dearness Allowance of Rs. 25, plus free housing for about 30% of the workmen ; these houses are given by priority to those persons who are by reason of their duties required to reside near their work. The other grades havo a higher basic salary in due proportion to the basic salary of the lowest paid group, and they too get a flat rate ofD.A.of Rs. 25 a. month. The workmen now claim that their basio pay and D,A. should be increased so as to conform to the standard laid down in the Pay ^ommission's Report. They contend that it may well be that their basic salary is

inoro than double of what prevailed in 193!), but they desire to bo placed on the same scale as the Government Hail way Staff. They also claim that the Doarneas Allowance should be on the basis of the Pay Coramisson's Report, which means Re. 25 at n cost of living index of about 200 rising by R.s. 5 for every 20 points increase of living index; und that .'it the least they should get the same scale of Pearnows Allowance for tfieir clerks and skilled workmen RN in paid to the clerical staff (.if the Wteamer Companies operating from Tezpur.

On this subject of wage structure, I have previously livid down the following principle :

"The workmen must first be given a reasonable minimum wage; and it has been said by Authority that an industry which is unablo to pay a reasonable minimum wage has no right to exist; the workmen are entitled, in addi- tion to minimum wage, to reasonable advances consistent with the in- dustry's ability to bear it; imd this subject must be approached with an appreciation of the background of the industry, its present day condition, and its reasonable expectations of the future."

As regards the application of the Pay Commission's .Report, paragraph 50 of the Kejiort of the Commission discusses the question of a reasonable wage. The Corn- mision come to the conclusion that Rs, 55 a month seems to represent a reasonable living wage for a working class family at a cost of living index of about 260. Some. provincial representatives, however, expressed doubt as to Ihe capacity of their pro- vinces to pay their lowest grade employees, anything more than Rs. 30 to Rs, 40, and among the members of the Commission opinion was not unanimous. The majo- rity of the members agreed that Rs. 55 a month would bo a fair minimum wage at a coat of living index of 200, split up into Rs, 30 as basic pay and Rs. 25 as Dearness. Allowance. In this connection it is pertinent to observe that the Provincial Govern- ments have iibt all adopted the Pay Commission's Report ua to their, own employees; for instance ia Bihar the lowest paid Government employee gets RH. J7/8/- as basic salary and Rs. 17/8/- as Doarness Allowance in accordance with the Is tout revision of pay, It is, therefore, not possible to subscribe to the view that the Tribunal must inevitably and in every ease neutralise to the full advances in the cost of living index or at the rates stated in the Pay Com miss ion's Report; but it is manifest that basic pay and Dearnesa Allowance must have some relation to actualities. This view finds support from the recent proceedings of the Fair Wages Committee, aw reported" in the Press. The Committee has mado the necessary distinction between a minimum wage and a living wage. They recommend that the minimum wage should represent the lower limit of the fair wage, the upper limit being the capacity of the industry to pay; furthermore the members have recommended that basic pay should be fixed, in respect of cost of living index at 100 on base 1939 — 100. The Committee favoured the continuance of tho present method of compensation by grant of Dearness Allowance,

Applying the above principles, the history of this Railway for the past years, its present position, and its normal expectations of the future must all be considered. As regards the basic wage and the gradmgs, these were settled as I have said in 1948 by agreement between parties with the help of the Regional Labour Commis- sioner (Central); a detailed scheme was worked out and the workmen were divided into separate categories having separato basic salaries. It is now said that I should, interfere with that arrangement and decide afresh in detail.

It is said that the Pointsmen, Oangmen and Porters should be placed in the grade of Rs. 36 to Rs. 60 on the ground that they are semi-skilled. It is also said that all Turners should be paid the same salary as the Head Turner. While it is true that the Pointsmen, Gangmen and Porters do work which is different to the work of the other lowest paid employees, it must be remembered that this is a small Railway with lin>itcd activity and also limited resources; it is running at a loss and is

-suffering from the effects of high prices; I am told that the price of coal is Rs. 100 .a ton in Tezpur. I have no doubt that the Union as well as the Company carefully .considered all material facto™ when they had their discussions with the Regional Labour Commissioner in 1947-48; find T do not feel that 1 shoitld interfere in the arrangement which thoy then reached specially as the basic salary is at least double of •what it was in 1939. It is also to be observed that the categories and their gradings then Settled did not proceed on any basis of unskilled, semi-skilled or skilled ; categories were grouped together in manner considered just and equitable, and no doubt after careful consideration. I am not prepared to alter that arrangement in the light of present day conditions of this concern.

As regards the Dearuess Allowance, the Union claims that it should be given at the rate of 80% of the basic pay with a minimum of Rs. 49. Needless to say this would upset till wage levels in the locality, but I shall consider the subject from other •aspects.

The workmen contend that they should get at least the same Dearuess Allow- ance us is paid by the Assam Railway which would mean Rs. 35 a month for those in receipt of basic salary up to Rs. 45. It, is also said that the River Steam Navigation Company (McNeil & Co., Agents) ajid the India General Navigation and Railway Company (Kjlburn & Co., Managing Agents) give to their lowest paid staff I)oames8 Allowance of Rs. 25 as in this Railway, but give to the clerical staff a minimum of Rs. 30 on the following basis :

(1) First Rs. 100 basic salary (2) Second Rs. 100 basic salary (3) Thereafter

• • 40% • • 20% • • 10%

'The Tea Estates give substantial food concessions but it is difficult to co-relate them in terms of percentage of basic wage; the lowest paid adult gets As. -jlj- to As, -/8/- basic wage and Dearness Allowance AH, -/5/6. The Steamer Companies also :give certain food concessions ; but although the clerical staff of the Steamer Com- panies get a higher rate of Dearness Allowance, the lowest paid employee gets only _RB. 15 as basic salary (Ex, 2n).

Sri Sen for the Company has urged that there has been no change of circumstanc- es to justify a change in the wage structure; the Company apprehonds a substantial loss in the running of this concern this year also due to a higher wage bill, diversion of traffic and competition from buses; in fact he says it is difficult to raise the freight on tea garden stores beyond a certain point in case the tea gardens decide to utilise their own lorries for transport. The Railway Board has permitted increase of passen- ger fares but subject to such conditions that there is actually no advance, and this has been proved; an increase in freight has beon allowed, but unfortunately the traffic) lias been lost to the Steamship Companies; the Assam Railway has not had enough "wagons to feed this lino, and the traffic has thus heoome riverino. Sri Sen presses that the Company has eaten up its reserves, sold the major part of its investments, and is running at a loss, and that the present investments in cash amounts to not more than 3 lacs of rupees. The attention of the tribunal was drawn by Sri Sen to the wage structure of (a) the Darjeeling*>Himalayan Railway (Calcutta Gazette, of 19th February 1948), which by comparison with this concern pays a lower scale of ••wages, oven though it has 500 workmen as against half the number in this concern and is a Class II Railway with an income of over 10 lacs of rupees a year whereas this Railway falls under Class III; and (ft) the Bengal Provincial Railway, in respect of "which an award was given earlier this year by my learned predecessor here; Sri Varma held that in several awards of West Bengal the capacity of the employers "to pay bad been laken into consideration, and he quoted the case of the Calcutta Steam Navigation Company*Ltd., he held that under the then financial state of that Railway he would allow Rs. 5 per head at a flat rate as a token Dearness Allowance to the workers; and he hoped that when the financial condition of tho

Railway improved it would bo possible to give Doaniws Allowance in accordance- with recognised standards. Sri Ken contends that there is no evidence oi nne in the-' cost of living from May 11)48; a chait fot (4anhati shows a ri'jo of only 12 points between !\lay 1948 to January 394!*.

Sri Hen Gupta for the workmen bases KM case for increase of D.A. (and basic pay) on two grounds :

(a) That the cost of living has advanced sinco the date oi the agreement of parlies in .May 1948, and

(b) Thai the flgicement of the parties of May 1948 was induced so lar a" labour was con coined by the pressure of < onciliation pi< eeedings which reunited in tlicnr accepting less than what then should ha\c ^ot.

[ do not find sufficient] evidence to indicate any .substantial advance jn Ilie cost of living between May 1948 and today in Te/pur; Sri Das the President of tlie Union. has stated that it had ad¹ jnced by 100 2">°irits, but there is nothing tangible to sup- port it. 1 do not doubt that theje has been somo advance in the tost of living but whether it is Miflieien to make anj difference to the wage sllueture is pio-ble- matical. AH regard (he agieemont of the parties of May 1048, if 1 were to accept Sri Wen Gupta's second (Ontention, it would" destroy the foundation mid value of concilial ion proceedings. Tf I win satisfied that the living index hud advanced appre- ciably between the date of the agreement and the piesent tone I would be inclined to give an inciewse of D.A., provided tliHt the Compimv WHS m a position to bear the additional burden

I havo already adverted to tho unsatisfactory finances of the Company. The wagebill before the Conciliation Proceedings amounted to Rs. 9jOOO per month of whioh the workmen rooeived Rs. 7,00(1; the wage bill now is about Rs. 14,000 per month of which Ra. 'i,200 is the total lemnneration of the Managing Agents, tho Local Agents, tho Traffic Superintendent, the Loco Superintendent and the Medical Officer. The Union takes the \iew that tho Company is not making ade- quate profits because of itH administrative inefficiency; the Union wants that all workmen above 60 should be rotired and nvw men appointed in their place; they also desire that the Medical Officer, who is paid Rs, 400 a month, should be replaced by youngor man who thoy say, would he prepared to accept less than half that amount. The internal administration is, however, a matter as to which the Company itself must decide, and it can, be safelj assumed that tho Management in fully ttlivo to tho necessity of increasing earnings; it would bo strange indeed if Hue concorn, with the near possibility of acquisition by tho Government, did not exert to show itself at its best. As to tho Union's suggestion that ovoiybody o-ver 60* should be rotjrwl, the Company doos not feel justified in getting rid of its older and experienced employees if they are Jit for 1 heir woik. And ooncorning tho Medical Officer, I cannot holp feeling 1 hat tho Union's suggestion to roplaoe him by a cheaper Doctor is inspired less by a desire to benefit tho Company than by tho hope of satisfy- ing a personal grudge which appears to exist betwoen Sri J, C. Chaudhury of the Union and the Medical Officer. As to tho Union's contention that profits must increase becauso of tht> advance which the Government has allowed in froight and fare, it has been shown that such u contention is not well founded in fact. Lastly, a suggestion was mad© by the Union thaf^Mcleod & Company, Managing Agent s of this conoorn ws woll as of other concerns in the vicinity, wero depressing the freight chargo for carriage of coal to benofit the other concerns at the oxpenso of this Railway. There is nothing to support this. It has been explained f^hat as a business proposi- tion tho Company has been obliged to chaigo a flat rate for coal for all stations on this short line.

I havo given very careful consideration to the question of increasing the Doarnoss Allowance of this conoorn. Compared to what is bein" paid by comparable Railways in Bengal like tho Darjecling Himalayan Railway and tho Bengal Provincial Railway, the rate of D.A. given by this Company is satisfactory; and 1 have no leason to think

that the oost of living index in the Darjeeling area or in the Hoogly area is loss than at Tezpur. Compared, however, to local standards of Tozpur (but not for similar categories), the I>.A. appears to bo a bit on tho lower side. On the other hand it cannot be said that the basic pay plus Deftrnass Allowance at present represents the' lowest scale of a fair wage by comparison with general wage levels round about. If the financial position of the company hftd boen sounder, T might have boon inclined to mis© the D.A., but under prosont circumstances to advance the D.A. would amount to placing a, burden on tho Company which its resources will not bo pjplo to boar.

Issue No. (2).—-This issue doals with Standing Orders*. There are no Standing Orders at prosont, and I direct that the Company shall within three weeks of the publication of this award take steps undor tho Industrial Employment (Standing Orders) Act 1946 to frame its Standing Orders subject to tho following direct ions:

(a) Leave : Tho workmen claim that the leave which they are givon is not suffr. cient. Tho Company grants privilege leave of 30 days pei¹ annum on full pay, Casual leave 10 days subject to a maximum of 3 days at any one time, and sick loiwo 15 days per annum with full pay with the condition of 2 months with half pay "find 4 months without pay; all Sundays are paid, 8 festival holidays ivro allowed, and all Government holidays arc paid. In my opinion the leave terms of this concern are generous and do not call for any revision. The Conlpa/;y allows accumulation of privilege leave for two months, and that should be incorporated in tho Standing Orders.

(b) As regards working days and hours in the workshop, the Company applies the Factories Act; and as to the rest it conforms to tho practice of Railways gene- rally. I soo no reason to alter these.

(c) It is said that tho telegraphist has to s.ay on duty for unduly long periods Tho Company states that tho Station Master is ulso ihe telogrftphist; ho is not conti- nuously on duty; after lotting through a train he goes away. Tf a Tncssago comes while he is iiwuy, the message is repented later when l\o .returns to work. Tho traffic on this railway is limitod and actually his work is intermittent and his duty hours must be treated as such.

(d) As regards promotions, there is no contest that other things being equal the next senior man should be selected for promotion; but in my opinion it would be de- trimental to discipline and efficiency if promotions were ordered to proceed on senio- rity alone. I think that the following should provide an adequate guide :

(i) Other things being equal, promotion is to be by seniority; but if a man is not to be promoted by seniority, tho final orders of the Managing Agonts shall first be obtained. Before promotion is made, or in order to confirm promotion, tho Management shall be entitled to be satisfied as to the fit- ness of a workman for promotion, if necessary by individual tests relating to tho work which he will bo required to do. If the Departmental Head does not propose to promote tho next .senior man he shall inform him there of, in which cuse the lattor shall be entitled to make a representation to the Managing Agents through the Works Committee or direct if he so likes. Suoh representation shall bo made forthwith so that tho dajision of the Company may not be delayed. The President or the Secretary of tho Union may also interview the Local Agent ooneerning such, promotion but before final orders are passed. (I do not favour the idea of the Company's stiffing in writing tin; reasons for supersession, and the Union agrees •with me that it may prejudice tho workman's future.)

(n) Wherever Government certificates aro required they shall be considered essential for appointment or promotion.

(e) As regard discharge and dismissal, the Draft Standing Orders under the Central Rules are a suitable guide to be incorporated in the Standing Orders.

Issue No. (3).—This issuo relates to :

(a) Discharge of Babiram Saikia, Qolap Chandra Saikia, Hari Kanvpti,

Tilok Nagar and Meghu Saha; (6) Dismissal of Sri B. G. Doy, and (c) Discharge of Sri J. C. Chaudhury.

(a) On 1st October 11)47 eleven persons including the five above-named were discharged as being surplus to requirement. The Union complains that they were victimised, and allege that because 1 he Union had pressed the Management for in. crease of salary and other benefits, the Management irl retaliation had discharged thest persons in "order to terrorise the workmen and to humiliate tho Union." It appears that the Union submitted certain demands to the Conmripy on 18th Duceinbcj- 1946; the grievances received attention of the Assistant Labour Commissioner of the Gov- ernment of Assam on 41 h March 1947 and he forwarded his i commendations on 20th March 1947 to I he Company for acceptance; the Regional Labour Commissioner direct- ed the Company to implement the same by his lettor of 114th May 1947. Then again in early September 1947 Mr. Neame of the Company proceeded to Tezpur, and had talks with the officers of the Union, as a result of which certain decisions were reached which he proposed to place before the Directors. While in Tezpur on thjs occasion Mr. Neame. had an opportunity of inspecting the condition and working of the Bail- way and observed certain changes which had taken place during his absence with the forces. According to Mr. Noame, he found that extra hands had been taken during his absence, that they were doing uo work and were surplus to requirement, and as a measure of economy he decided to retrench U of the employees. He* •denies that he had any intention of creating terror by such retrenchment or of humi- liating the Union. The subject of these 11 men was considered by Mr. Talib, the Regional Labour Commissioner (Central). He directed the Labour Inspector Sri Boy to make an investigation into this matter. Sri Boy gathered facts ex.parte from amongst the workmen and came to the conclusion that with the absence of these ele- ven men a heavy burden was thrown on tho other workmen; Mr. Neamo protested to Mr. Talib as to certain inaccuracies of fact contained in Sri Boy's report; and ulti- mately Mr. Talib had a conversation with the Union on the subject, and with their con- sent he suggested to the Company by way of compromise that at least one discharged man from each category (i.e. 5 out of 11) having greater length of service than the other discharged men in I he same category, should immediately be put back to work; with i egard to tho rest it was suggested that their claims should be given priority in future recruitments. The Company agreed to these suggestions and took baok five men and later on absorbed a sixth man on their own initiative. I have not been able to find any indication of victimisation in what the Company did in this matter; tho Union endeavoured to prove that each of these eleven per- sona was victimised for his Union activities; but beyond the fact that they were mem- bers of the Union, there seemed to be no close oonneotion between the retrenched men and their Union; and sinoo practically every workman was a member of the Union, it ie untenable to suggest that these eleven were victimised because of their Union activities. Considering the financial position of the Company and the need for eco- nomy, it is not surprising that Mr. Neame should have effected retrenchment of what he considered to be surplus to requirement after the war years. The issue as to these eleven persons is answered in the negative.

(b) Sri R. C. Dey joined thin Railway as a Travelling Ticket Cheoker in 1942 then became a parcel clerk and a booking clerk, and TOR last posted as Assistant Station Master, Bangapara North, in order to relieve the Station Master who was ill. He worked there for 20 days and was suspended on 5th January 1948. On 20th Doeember 1947, by Kx. .71, the Company wrote to Sri R. C. Dey to the effect that it

had been brought to tbeii notice that he. was in tho habit of visiting Tezpur by 8 Dn. train daily returning by 1 Up next day, and he was asked to explain by whose permission he left his station and how ho received tho hue clear message from SM- TTK.TB by 1 Up daily when he wan in fact travelling by the name train. By his letter of 26th December 1947 (Ex. 02) Sri R, C. Dey replied that he was compelled •to visit Tezpur daily by 8 Dn, train and other transport because the Company had not arranged any quarters for him at Rangapara; he did not think that permissin was necessary to visit Tezpnr occasionally. Regarding line clear, he stated that SM- KPTB need not receive any kind of line clear form RM-TKTB by 1 Up train. By letter of 29th December the Company said that that explanation could not be accepted; if Sri R. C. Dey had been unable to make any arrangement for his housing he should have informed the Company so that other arrangements could have been made; ho was referred to Traffic Circular No. 5 and also general rules of the State Railways, and he was informed that regarding line clear and train passing, what ho had done was against Rules, and he www asked to give a further explanation; shortly'thereafter he was suspended. On 28th January 1948 formal charges were •delivered to him and he was asked to submit his defence. His explanation is dated 11th February 1948, in which he states that it was not a fact that he used to leave the station in the evening and travel by next morning 1 Up train, and he characterises this allegation as baseless and engineered out of. spile, altogether forgetting thai in his first, letter he had not only admitted the charge but had tried to justify it. IL in part of his explanation that only on one occasion on ]8th "December 1947 he came by 8 Dn. train t'o Tezpur as he had no rations, and he returned by car on the name day after about 3 hours; he tried to contact Tezpur for permission but could not got through; he further explained that he did not travel by 1 Up on 19th Decem- ber as alleged and he was at Rangapara staiion at train time, and the line clear for 1 Up train was received by him. The Company took further evidence" on the subject, found him guilty of the charges, and dismissed him.

The Union has contended in the first instance that, the dismissal of Sri R. C. Dey "was an act of victimisation, but when the facts became apparent, the Union's next contention was that the dismissal was too bursh a punishment. Now, the holding of the enquiry and the order'of punishment are functions of the Management, and AS I have aid in another connection, I am not an appellate or a revisionavy authority. I shall certainly interfere if there is any unfair labour practice or violation of the principles of justice or victimisation, but otherwise 1 do not propone to substitute my own judgment for the judgment of those who in the ordinary course are required to consider these matters and give their decisions, I may however add that T do not consider dismissal in the circumstances of Sri R. C. Dey' s ease as unduly severe. His two contradictory explanations show that no reliance could be placed upon his statements, and it is obvious that, his later explanation was formulated after he had had the opportunity of working up a defence. It is bad enough that he should have been guilty of a serious breach of Hallway Rules involv- ing the safety of trains; it is equally bad that he should have attempted to work up -a false defence. JNo interference by this tribunal is indicated in his case.

(c) Sri J. O. Cltavdhury :—The discharge of Sri J. C. Chaudhury has been the •subject of much controversy before me. Sri Chaudhury first joined this company in 1035 on a salary of Rs. 20. By 1941 he was a Traffic Canvasser on a salary of Rs, 30 per month, working under Mr. Neame, who had a good opinion of his abilities and character. Mr. Neame had decided to leave in Janaury 1042 for war service, but before he left he .spoke to the Local Agent about Sri Chaudhury and told him to try out Sri Chaudhury for 6 months before confirming him. After Mr. Neame left his post of Traffic Superinendent in early 1942, the duties of the post were divided and allocated as follows:--

(a) a "Traffic Controller¹'was created and to this post Sri Chaudhury was appointed in terms of a letter which is E*. Z (Copy annexed);

(h) a second section consisting purely of accounting and audit was t-o bo in- charge of Sri P. K. Dey as "Accountant" ; and

(c) the Local Agent was to deal wit)) all staff mat tors, claimH, and general correspondence.

Ex. Z which is Sii Chaudhury's letier of appointment is dated 28th Marnh 1942:

his appointment starter[ from 1st April 1942. His duties included :

(a) Placing of wagons,

(b) Rates,

(c) Clearance of all cargo,

(d) Maintenance of earnings graphs,

(c) Traffic canvassing, etc.

He was exhorted by the terms of that loiter to pay particular attention to econo- my, and his duties were exclusively Traffic and Traffic Control and entirely separate from Audit aud Accounts. All orders by Sri Chiiudhury were to be issued in consul- tation -with the Local Agent.

" .

'

At this stage I should mention that prior to his appointment as Traffic Controller in April 1042, Sri Chaudhury is said to have obtained from the Local Agent (whose name I think should be excluded from this record) a letter which is marked Ex, T and is fluted 17th November 1941. The contents of that loiter are as follows:--

EXTB1T.

".fie: HANDLING CONTRACT : VERBAL REPRESENTATION.

With reference to your verbal representation you are allowed to take Military and Civil handling contracts on the condition that you will not use company¹* labourers and that company's work is not suffering, also you are permitted to take other carrying contract which in not detrimental to company's interent.

PRO. KILBlTRN & Co.

(Sd.)

Local Agents.'*

The wording of this letter is somewhat peculiar considering that it purports- to havo been written by the Local Agent of .Kilburns; and it is not irrelovimt-to remark that this letter was given at a time when Mr. Neame was the Traffic Superin- tendent and Sri Chaudhury's immediate superior officer; 1 accept Mr. Neame's state- ment, unchallenged as it is, that he knew nothing about this letter ond that in tfoo ordiuary course no such letter could have issued without his knowledge. Sri Chaudhury was at that time a TmJrie Canvasser on a salnry of "Rs. 36 a month, aud it is not denied that .in consequence of the contracts so allowed to him he made tor himself something like half a, lac of rupees. The Company states that they knew nothing about this letter until 1947 when it was first produced by Sri Chaudhury on his own initiative; and this also haft not beeu challenged. The Local Agent who Sri Chaudhury states, gave this letter (Kx. T) was replaced in Tezpm: in November 1943.

In 1943 or thereabouts it became apparent to the Directors that, the work t° which Sri Chaudhury had been appointed was too big for him; it was ooniinr.e" during a' visit to Tezpur by Mr. Dulmahoy, one-of tho Directors, in 1944, in aon&tr qnence of which Sri Clumdhury was iclieval of his more responsibleduties. Ex.A A it

the letter appointing Mr. Horn as the acig. Traffic Manager from 18th February 1944 until Mr. Noame returned from military' service; he was made responsible tor the allo- cation of wagons and was to maintain an up-to-date register of freight offering and /wagons available; the Traffic Controller was to obtain his approval before allocat- ing any wagons. Of the several duties allocated to Sri Chaudhuiy as Traffic Control- ler, he was gradually divested of all except items (a) mid (r) of lilx. Z.

When Mr. Nearne returned from war service in March 1947 he did not rejoin as. Traffic Superintendent., as 11 was decided to keep him at the Head Office in Calcutta, The Directors informed him that it was their intention to appoint a Traffic Superin- tendent and that they had decided that the war time arrangement should ceo wo. In June 1947 Sri' Chaudhuryinterviewed Mr. Neame and said that lie should be ap- pointed the Traffic Superintendent ; the Directors had already taken the' view that -he was not suited for the post, but 1.1c. ISieaine assured Sri Chaudhury that his re- quest would Jbe considered, When Mr. Neanm was in Te/.pur in 1947 he had an oppor- tunity of personal inspection, and fomfd much that, was unsatisfactory; additional hands had been taken who were idle, while at the same time the earnings had dwindl- ,led ; he stayed there for JO day.s and during thai, period mude a surprise check along: with the Local Agent at an-intermediate station. He had asked Sri Chaudhury previously as to the reason for the drop in Sunday earnings and had received the reply that traffic had been r(duccd owing to people leaving for their fields. At Station Bindukuri, two trains were checked by Mr, Neamo and the Local Agent, and after the trains left the station, Ihe earnings tor the day were found to lie .100% higher than in the previous week, and the only explanation that Sri Chaudhury could offer was that passengers had suddenly returned from the fields. Sundays are apparently busy days for passenger traffic as four markets are held on the line; merchants from Te/.pur travel hy train to these markets With their produce, and the !*fea garden labourers likewise use the Railway to gi^ to the markets. The graphs which have been produced allowing the Sunday earnings from 1945 are instructive. Until September .1947 they varied from Its. 200 to Rs. 000 each Sunday ; after the check they rapidly rose to Rs. 800 and Its. 900 and in January 1948 reached the figuro of Rs. 1,000; and the higher- levels had been successfully maintained.

The Company, in pursuance of its decision to appoint a Traffic Superintendent, did appoint one as and from 1st October 194S, hut it wns not Sri Ohaudhury 1o whom a notice of termination of his services was given hy letter' of 27th October 1948.. The Company states that the post of Traffic Controller which Sri Chain hury held was abolished, and they could not revert Sri Chaudhury to the past of Traffic Canvasser as that post altso had been abolished; the Traffic SupcrinfrTident under the new set up had lesser duties and thus absorbed the duties of Traffic Canvasser.

It is urged by the Union that the discharge of Sri Chaudhury has been an act of victimisation, because he was an active member of the Union and had thereby become a persona nan grata with Mr. Xeame. It is urged that his discharge was- the ultimate of a, series of acts adverse to Sri Chaudhury. It is said that while his basic pay had been fixed at Rs. .175 he was actually given Rs. 158; that his daily allowance of .Rs. 2 was denied after September 1947; and that his house was searched in his absence and si fan was seized which was returned to him by the Court in De- cember 1947,

The Company's reply to these charges may be summarised thus : The Company states that the matter of Sri J. 0. Chaudhury is not an industrial dispute within T;he meaning of the Act inasmuch as Sri Chaudhuiy was not a workman ooz a clerk but a member of the supervisory staff; and that he was acting improperly in joining the Union and taking an active part in the disputes ol the workmen with the Manage- ment. This Tribunal has no doubt that so long aw Sri Chaudhury was a Traffic Con- troller his duties were supervisory, and that he could not he called a clerk so as to come within the meaning of a, workman under the Act; and this Tribunal therefore

has no jurisdiction to consider his case. In ease 1 urn wrong in thin conclusion, I have decided to deal with the facts in order to ascertain whether he was in fact victimised.

1 think it in evident that the Management would be less than human if their, • estimate of Sri Ohaudhury's character was not affected by the happenings of 194:? and 11)43 whon Sri Ohaudhury made large sums of money by way of private con- tract at a time when ho. was a whole-time employee of the Company. Likewise the •Company could not have boon happy t.o discover that it had boon consistently losing Sunday earnings during the period when Sri Ohaudhury was a Traffic Controller; and as to this it is immaterial whether Sri Chaudliury alone or along with others was responsible for it; it meant negligence, if not something much worse. So far as Sri Chaudhury's appointment to the post of Traffic Superintendent is concerned, • the Company was entitled to make its selection for this important post, and cannot be blamed if in the light of what had gone before it declined to select Sri Chaudhury • tor that appointment.

The case of Sri Chaudhury was raised in a memorandum submitted to the Uou'ble Minister of Labour in October 1948. The Union hud also pressed Mr, Talib to examine the subject, and Mr. Talib in his letter ('Rx. ,'J8) had dealt with it; as therfe • wore charges of corruption and dishonesty against' Sfi Ohaudhury, Mr.. Talib considered it desirable that Mr. S. H. Moitra, T.C.S., Deputy Commissioner, Danang, should go into the question of Sri Ohaudhury's claim for promotion, A copy of the Deputy Commissioner's report was sent to the Company, and Mr. Talib suggested that no action should be taken by the Company against' Sri Ohaudhury arising from the contents of that report without giving him a chance to defend bimsolf or explain his conduct. The Company did not frame any charges on that report or at any oilier time, and indeed the report merely confirmed that the Company already knew of Sri Chaudhury.

Prior to all this Sri Chaudlnny himself hud written to the Company on (ith June 1947 a letter Ex. 0 (copy annexed) to the effect that attempts had been made by inter- ested persons to create doubts in the mind of the Company regarding his "honesty and faithfulness," for his having constructed a house and purchased an old motor car, "concealing the fact that for all these his income from the military contracts was responsible, which made the financial position of the undersigned quite sound". Sri Chaudhury goes on to explain that, he was compelled to undertake the handling contract under the Military Officer who met the Local Agent at a meeting and forced Sri Chaudhury to accept the job and help the war effort ; (but strangely enough, it may be added, i t ^ as kept a. secret' from Mr. Netune, his immediate superior officer),

As to the specific acts alleged by the Union as pointers to victimisation, the- Company has explained that during Mr, Neame's absence, Sri Chaudhury had been given a daily allowance of Rs. 2 whereas nobody else received it; he was given a house rent allowance of Rs. 'M) which also had no basis, and this was later so adjusted by the Company that his total emoluments were not affected when the new wag© structure was applied; and as to the seizure of the fan the facts are still too nebulous to enable me to draw any adverse conclusion.

From the Exhibits which have been filed it would appear that the Medical Officer of the Company Mas at one time the Chairman of the local Municipal Com- mittee; Sri Chaudhury was a Municipal Commissioner; and between the two of them there does not appear to have been much friendlinosR. But the Company did noj^, in any way take sides in this matter, and there is no justification for the charge thaT- tho Company has victimised Sri Chaudhury to satisfy the Modical Officer. The 'Union has also pressed that it was not until an incident in September 1947 that Mr. Neurne took a dislike to Sri Chaudhury. The incident was this : while Mr. Neame and the representatives of the workmen woro discussing the Union's demands in Septem- ber 1947, Srj Chaudhury, who was leading the Union's side, become excited and said

things for which Mr. Nearne asked liiin to leave the room. Thai, such an incident fflid take place is not denied; but it must, bo roniemberd that the Directors had al- ready made up their minds that; Sri Chaudhury wan not to bo appointed as Traffic Superintendent, Jong before Mr. Neanie'sretumfromthewar; Mr. Neanie was aware of it before ho went to Tozpur in September 1047; and Sri Chaudhury himself could not have been ignorant of the Directors' attitude towards him and his doings, for otherwise he would not have written the letter (Ex, 0) of 6th June 1947.

I do not think that Sri Chaudhury has any legitimate grievance against the Company In their service be has niude money by ancillary means out of propor- tion to his income as Truffle Controller. To say the leant his Rupervision was slack ..in the matter of the Company's earnings. He joined the Workmen's Union some time in, 1947, quite possibly after he had sensed that the Directors had decided against appointing him as Traffic Superintendent, and alternately in the expecta- tion of coercing them, he became an active member of that Union although he was. ta member of the supervisory and executive staff; according to his evidence "the Union office waa in my house and is still there since? April 11)47. 1 was an active organiser, drafting letters, preparing returns, writing minutes. In October 1947 I took an active part in the strike ballot against the discharge of eleven ernployoes and on account of other claims. I collected donations from outsiders to make the strike a success. There are many other activities of mine. The Company was aware of these activities since September 1947."

I have not been influenced in any way by the confidential roport of the Deputy Commissioner which contained nothing new; 1 have considered Sri Chaudhury's explanation that he took tho Civil and Military handling contracts at the express desire of the then Local Agent and that he wanted to resign from the Company in order to take up the contracts but was not allowed to do so as he was a member of a public utility concern. Allowing for everything that eaubesnidinSriChaudhury's favour, tho fact remains that there were facts and circumstances in consequence, of which the Company, in my opinion, were entitled to decide, aw they did decide that Sri Chaudhury should "not be selected for the post of Traffic Superintendent. This Tribunal is satisfied thai, Sri Chaudhury has not been victimised. There is no doubt that the Company had u fund of goodwill towards him, which he unfor- tunately frittered away. The very fact that the Company appointed him to be the Traffic Controller is prima facie evidence of their desire to upgrade him; that he should have failed is his in iafortune. Ho was not dism issed; his services were tor. niiiitited because the post which he hold and which had been created as n Avar time nieaHUje was abolished, and he could not. bo retained as Traffic Canvasser as that post had been absorbed by the Traffic Superintendent.

*" It must be appreciated that the Management haw at all times a general rig]it to discharge an employee from service not only for proved misconduct but also -where the employer has lost confidence in the employee; and in the absence of any enact- ment or rule to the contrary the employer is not "bound to state reasons for such discharge nor is he under necessity to substantiate them. If, however, such discharge proceeds from unfair labour practice or victimisation then the Tribunal will undoubtedly intervene. It has been "aid that it would be an unfair labour practice or victimisation if an employee had been discharged "in order to break the Trade Union Organisation and the unity of the workers and to crush their movement for ,beU.er living". In the case of Sri Chaudhury no ease of victimisation or unfair 'labour practice or any violation of the principles of justice has been established;, and this Tribunal must decline to interfere,

I have dealt at length with this case of Sri Chaudhury because of the imj.orhmt which the Union has attached t.o it; there has been a suggestion that Sri Clnadluny was denied his rights because he was an Indian, and the Uiu'on has addressed me at great length on this issue. But upon analysis of the facts I have had no hesitation in holding that the Union is mistaken in the view that it has taken of Sri Chaudhury's case.

Issue No. (4) .—This issue relates to the question aw to whether 1he six. persona "who had been retrenched and hud been subsequently taken back by the Company* are entitled to be paid their salary for the period during which they remained out of work. I feel that whenever workmen are retrenched, they are entitled to retrench- ment, relief whether they are subsequently absorbed in the firm or not. I there- fore direct that those eleven persons who had service to their credit for varying periods should get retrenchment relief on the following basis :

They shall receive (in addition to usual notice or pay in lieu of notice), 15 days •consolidated wages (Basic pay plus Dearness allowance plus any other monetary benefits) for every year of continuous service, subject to a maximum of six montha .consolidated wages.

Issue No. (5).-—On the subject of contract system of labour tho workmen con^ tend that it is generally recognised that tho contract system is deleterous and should be.abolished. The contract system in this concern is limited to 45 to 05 men whe tire required to load and unload goods moving by the trains. They are employed so as to provide a fluctuating labour force to deal with varying pressures of work. On the instructions of the Tribunal Mr. Neame has worked out certain figures, anc J. order the following arrangement to roplaco contract labour, which I hope wili prove a satisfactory solution, and I am glad 1o say that the workmen accept it :

The Company shall employ permanently in the place of tho present contract system H4 men and one Sardar-Forein.au. The salary of the men \rill be fixed at Us. 51 per month and of the Sardar at TCs. 71 per month, and they shall be entitled to one month's leave in the year. Tho men must work in shifts suitable to the load \v ith a minimum of 8 hours per (lay, and the output per man ig expected to be at a mi- nimum of 45 maunds. The men will have quarters and those quarters will be subject to annual repairs, and there will he the usual medical attendance as at present. They musl; work on Sundays and holidays and at any hour, 48 hours a week, with overtime above that at 1 \. Past service will not count for retiring bonus, and they will not be entitled to passes and P.T.O.

It)8ue No. (0),—On the subject of workmen's- quarters, the Company states that 80% of the transportation or running staff have got quarters, which moans about 70 persons out of a, total of 22I:{; all lino staff have quarters, and 20 out of 53 of tho workshop staff are also given accommodation. 44 Gangm.en are given quarters in tho main stations and the rest have their own quarters. All quarters are free and repaired every year. I have scon the quarters at Tezpur and they vary from good to bad; but. it is quite impossible for me to make any order on the Company for tho building of quarters or payment of house rent in its present financial condition.

Issue No. (7).—The workmen claim free passes to travel on this and on State •Railways or money in lieu thereof. This small Railway naturally obtains a meagre response from the larger Railways on 1hin question of passes, as practically nothing reciprocal is involved. I do not feel justified in making any change in the present arrangement.

Issue Nos. (8) and (9).—The workmen ask for old ago provision and suggest that the Provident Fund wkioh is at present limited to medical and ulerieal staff should bo extended to everybody; they ask for a retiring gratuity at one month's ; basic wage for each year's service and a compulsory Contributory Provident Fund of 6J%. The Company statos that the medioal and olerioal staff receive the benefit of the Contributory Provident Fund; those who are not covered by the Provident Fund get half month's wages at the time of retirement for every year's service; they contend that they cannot give both gratuity and Provident Fund, and state that both the Engineering and the Jute awards have rejected tho claim for dual benefits. The Company referred mo to their letter Kx. AH of 17th October 1947 in wliioh they informed the workmen of their decision to give the above retiring bonus on tho

scale approved by the State Railways. Considering the size of this Railway and its finances, I do not think that the present arrangement should be disturbed.

Iatw. No. (10).- -The workmen claim that there should bo a Draughtsman's •oourse and that the Company should give financial help for the education of work- men's children. They contend that although them are schools at Tozpur they are not free. The Company maintains that oduoatjon is the responsibility of the State and that there is no need for Draughtsmen in their establishment. In my •opinion there is no ease made out for having Draughtsmen's classes. There is however, something to be said for help to educate the workmen's children. There are no doubt schools in Tozpur, but tuition fees is an item which the lower paid workmen find difficult to afford. Education is a social necessity and some relief is indicated. I direct that the children of all workmen whose total monthly earnings aro less than Rs. 100 per month shall receive from the Company by way of educational help one-third of the schools foes for their children up to middle schools standard and free rail travel for school purposes by this Railway.

Issue, No. (11).-—The workmen ask for a welfare umd recreation centre and a room where the workmen could moot. The Company hud asked the workmen to prepare a scheme, but it had not been forthcoming: and the Company has expressed its willingness to provide adequate recreational facilities for the- workmen as is done in similar concerns, it is ordered accordingly.

issue. No. (12).- 'Previously a MUHIII house had been provided for indoor medical treatment, but it has been discontinued since 1st April 1949 as arrangements have been made with the Government Civil Hospital for indoor treatment of employees; rtiiriilur arrangements have been made with tea garden hospitals at throe stations on the line, and all those tlireo tea gardens are under the management of McLeod &- Co. The workmen dosiro that the original system should be restored, but I do not see how the workmen have been prejudiced by tho new arrangement. Jn tho past year only 0 persons were treated as indoor patients, and tho Company has made certain that there will always be room at Tozpur and other stations on the line for the admission of their ill workmen. The workmen claim that while medicine is free, patent modjeinos are charged at half prioe, and thoy want this also to be free, and they claim special diet in the hospital. The Company has expressed its willingness to mowt theso demands ati far as possible uonsisttnitly with their financial position. I do not propose to make any order in the matter bocauso of'tho financial position of the Company: but tho Company should make an endeavour to give patent modicincM either free or at reduced prices whenever possible. The medioal arrangements generally appear to be fair.

Copies of the following Exhibits are attached to this award : Exhibits 6, 22, 38, 39 and Z.

NOW, THEREFORE, THIS TRIBUNAL HAKES ITS AWARD IN TERMS AFORESAID, THIS THE 24TH DAY OF JUNE 1949.

F. JEEJEEUHOY, Chairman,

CALCUTTA ; Central Government Industrial Tribunal,

The 24th June 1949.

EXHIBIT 0

MESSES. MOLEOD & Co., LTD.

Agents, Tezpur Balipara Railway,

CALCUTTA.

Through the. Local Agents, T.B. Railway, Tezpur.

Snts,

The undersigned most respectfully and humbly beg to state as follows :--• (1) That after Mr. Noame left for Military'Service creating a vacuum in the smooth running of the Railway Traffic Services, tho undoraignod was selected from the staff to fill up tho same as Traffic Controller vide letter No". A.6/42/1 of 29-:{-42 and confirmed thereafter for his efficiency vide letter No. A.6/43/1 of 24-2-4':i.

(2) That for reasojis unknown to the undersigned who was managing tlio works quite efficiently and to the satisfaction of his superior the Local Agents, a now post of Traffic Manager was created and the Loco Superintendent was put in there as Acting Traffic Manager with the charge of allocation of wagons on him while tho rest of tho Traffio Works was left with the undersigned vide letter No. 12/44/2 of 18-2-44.

(3) That the above arrangomont was made in expectation of Mr. Noamo's return to his former post and that for the same reasoi* no voioo of protest was made by the undersigned in his claim over the samo,

(4) That attempts were made by some interested persons to create doubts in the mind of the Company regarding honesty and faithfulness of the undersigned over his having constructed a house and the purchase of an old car, concealing the fact that for all these, his income from tho Military contract was responsible, which made the financial position of the undersigned quite sound.

(5) That later on the legitimacy of the taking up of contract works by the under- signed as Railway Officer was questioned but ho was never given any opportunity to explain Ms conduct and to submit before the Company that ho was compelled to undertake the handling contract under tho Military Official who met Mr. E. A. Smith tho Local Agents in a meeting and forced upon the undersigned to accept • the job and help war efforts.

(6) That the past records and the service book together with the remarks of Mr. Jeff as reported on 30th July 1943 go to show that tho undorsigned has got the most legitimate claim to be the Highest Traffio Officer on the T.B. Railway and there oan be nono else except Mr. Neame who should have any right to supersede the claim of tho undersigned.

(7) That tho undorsigned beg to refer to another fact of his efficiency in manag- ing the wholo affairs quite ably with raw and inefficient staff wliich had to be taken in difficult times of War. The enormous oarnings of the Railway during war time was duo to the tactful management by tho undersigned.

Under the circumstances it is prayed that you would bo graciously pleased to consider favourably the case of the undersigned in his claim over the post of the Highest Traffio Officer specially when the Company has aooepted the principle of Indianizing tho Officers staff us well for which act of kindness I shall ramain over grateful to you.

Your obediont servant,

Traffic Controller, DATED, TDZPUR;

T. B." Railway.

The 6th June 1947.

EXHIBIT 22

(Confidential)

ANNEXURE >E'

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

Regional Labour Commissioner IC>)

12, Chowringhee iSqr.,

CALCUTTA.

No. CON-TTT(5S).

Bated Hay 24, 19-/8.

To

MESSES. MCLEOD & Co.,

28, Dalhousio Scjuare,

CALCUTTA.

'"^GENTLEMEN,

I have the honour to say that I visited Tezpur in the 2nd week of this month in connection with the resolution passed by the Executive Committee of¹ the T. B Railwayman's Union in their meeting held on 24-3-48 and forwarded to me in their letter No. R/48/3/1, dated 30-3-48, with a copy to you, and discussed the points raised in the resolutions with the representatives of the Union and the Local Agent, and am to advise you as follows :•—

(

(1) Introduction of Revised Scales of Pay.—In my letter of even No. dated 1-12-47, I recommended certain grades of pay for the employees of the Railway. My recommendation was accepted by you vide your letter No. 12/47/2/86, dated 6-12-47. Accordingly, your Local Agent drew tip a list fixing the scales for the different categories of staff which was subsequently forwarded to the Union for their'concurrence. The Union suggested certain alterations and your Local Agent "forwarded the list and the Union's suggestions to you, together with his own comments. Your Mr. Neame saw me with the list, prior to my departure for Tezpur. I made certain suggestion in the proposed fixation of the grades, which were acceptable to you as conveyed to me vide your letter No. 12/48/2/13, dated 11-5-48. I took the list to Tezpur and the alterations suggested by me' were further discussed with the Union officials who agreed with my suggestions, but requested for up grading the 3 remaining clerks, which I approved, and com- mended its acceptance to your Mr. Neame who has been to see me to-day, together with slight increments in the fixation of pay of a few employees. I request that these grades now be introduced forthwith with effect from 1-10-47 in terms %f your letter No. 12/47/2/26, dated 6-12-47.

(2) Reference is invited to para. 6(a) of my letter of even No. dated 1-12-47 regarding the claim for promotion of the present Traffic Controller to the proposed post of Traffic Superintendent. Your allegation of corruption and dishonesty against ths Traffic Controller was left with the Deputy Commissioner, Darrang, for confidential, enquiry and report, A copy of the confidential report has since been received from the Peputy Commissioner, Parrang, and is forwarded herewith

for your information. If from your point of view you find anything objectionable in the report against your Traffic Controller, no action should be taken against him without giving him a ohanoo to dofend himself" or explain his conduct.

(3) In my letter of oven No. dated 1-12-47 T reeommmended the grade of Rs. 26 to Rs. fiO for Group B of daas ITT employees who arc inferior and unskilled categories of staff. I qualified my aforesaid recommendations Maying that no grades recommend- ed in my above letter should exceed those fixed in respect of the State 'Railway Employees under Pay Commission's Scales. AH on subsequent examination it -wan found that this grado had exceeded, in the maximum, 1ho 'J'ay Commission's scaled in respect of State Railway omployees, T subsequently suggested the grado to bo fixed afeRs. 2(i to Rs. 39 which was in proportion to the Pay Commission's scales. This caused some amount of mis-i.mdnrs1.andii.ig pmong the Union officials. When. J explained the whole position to tlie Union people in my recent visit to Teaipur, they became satisfied.

(4) Ooulractofs Lafrcmr.—(") With regard to my suggestion that tho middle- man system namely the Sirdar, be replaced by that of their direct employ- ment by the company under a foreinnn-in-cbargo, your representative explained that you could not see your way to do it so long nn the local Steamer Company and the Government Railways continued to employ contractors.

(b) The representatives of the Contractor's Labour again requested me for the restoration of this cut in their rates. • Your local agent explained that the out wns effected in viow of the decrease in Inad. .1. n,in inclined to Ihink that the cut has boon out of proportion to decrease in the lead. I am, therefore, to recommend that tho rates be restored to some extent l.o allay the existing dissatisfaction among the" labour.

(c) It is a matter of gratification to find that the quartern for the contractor's labour have been built to the satislaction of all concerned,

(f>) Mr. Phanindra Kumar Sen. — When a few mmillis ago your Traffic Con- troller was away on leave and some traffic staff were discharged, Rai Sahib Horn Chandra Das, your Medical Officer, was asked by the Local Agent to look after the traffic work. He found it difficult to manage the work on account of shortage of staff caused by the discharge of the above mentioned employees. Thereupon Rai Sahib Das-was asked to re cru it some hands to fill up the vacancies. Mr. Phanindra Kumar Sen was one of tho persons appointed by Rai Sahib Das. In tho letter of appointment issued by Rai Sahib Das to Mr. Sen, it was not mentioned that the lattor's appointment was temporary. About that time, Mr, Phanindra Kumar Son got an appointmont of a permanent job under certain private company in Gauhati, He refused to .accept the offer thinking that ho would permanently continue in bis appointment under your Railway. Subsequent- ly when tho discharged employees were re-Instated, MT. Son was naturally thrown out and is still unemployed. In view of tho facts stated above, it will appear that he is suffering privations for no fault of his. As his is deserving case I recommend that you appoint him in a suitable vacancy as early as possible rj and when it ooours,

I have tho honour to be,

Gentlemen,

Your moat obedient servant,

Bd. A. TALIB,

Regional jMbour Commissioner (Central)

CALCUTTA,

EXHIBIT 38ANNEXURE 'D'

(ipVEtlNMEKT OF INDIA

MINISTRY OF LABOUR

Office of the Regional Labour Commissioner (Central),

No. 12, Chowringhee Square,

CALCUTTA.

No. CON-TU (58),

Dated December 1, 1947.

To

MESSRS. MCLEOD & Co. Ltd.,

28, Dalhousie Square, West,

CALCUTTA.

GENTLEMEN,

SUBJECT.-—Strike notice by the enwloyees of the Tezpur Baiipam Railway, Tezpur.

I have the honour to say that the proposed revised scales of pay of the employees of the Tezpur Balipara Railway r.s contained in your letter No. 12/47/2/18, dated 20th October, 1947 addressed to the Local Agents having not been acceptable to the Union, the latter gave a notice of the employees intention to go on strike with effect from the mid-night of 16th November, 1947. On or about the 10th of November, I discussed the matter with your Mr. Kelly and Mr.Neame. Thereafter I-sent a telegram to the Union asking for their representatives to be deputed to Calcutta for further discussion with you and mo. The Union could not see their way to send'any representative to Calcutta for what they called on such short notice. I conveyed this to your Mr. Kelly and told him that 1 had myself decided to leave for Tezpur on the 18th November, 1947, and requested him to send a representative there on behalf of the company. Accordingly, your Mr. Neame and myself reached Tozpur on the 19th November and a series of conferences with the represen- tatives of the Union took place in w\hich the points raised in the strike notice were discussed and considered. I am setting forth below the main points of tHfe strike notice together with my.recommendations thereon :—

(1) Recognition of the Union.—The Union having agreed to abide by the State Railway Rules, regarding the recognition of trade unions, you told me that you were prepared to recognise the same. It appears that no formal letter to this effect has yet b~een issued to the Union. This-should be done without any further delay and the Union should be consulted on all measures affecting the service con- ditions and welfare of the employees.

(2) Payment of Interim Increment.'—The Assistant Labour Commissioner, Assam, recommended payment of interim increment pending the introduction of the revised scales of pay. This was subsequently endorsed by me. You agreed to pay an interim increment at the rate of Rs. 10 and 5 to the clerical and non-clerical staff respectively. The Union, however, demanded that Rs. 10 should be paid not only to the clerical staff but also to the skilled personnel as well. You were unable to agree to this, with the result that none of the employees excepting about 19 clerks drew their increment. In my discussion with the Union, I gathered that there was no chance of your offer being acceptable to the employees. Even supposing that you wowld eventually agree to pay the skilled personnel also at the rate of Rs. 10,

1 flwrsura thai the rest oftho staff (tq bo paid @ KB. ft) would still romain dissatis- fied. A solution waa,"fchoreforo, difficult to find except a reasonable flat rate. So, 1 porsuadod tho Union to agree that the Interim increment should bo paid af a II.at rate of KB. 7 to nil, and I am to rucoinmond it to you for your acceptance, Tho Union will jtot object to your golfing Wio refund of the difference $ Rs. 3 per month from tho I!) dorks who have already drawn tho same. .But this should be done lit.very easy instalments.

(,'J) Revised malts of 'pay. The reviaod RCHII.H of pay as contained in your letter re- furred to above was not .iceeplnblo to tho T'Jjiion. Firstly, oven the initial pay did not make u near approach to thoso fixod by tho Pay Commission in respect of State Rail- way employees. Hoitondly, thoy did not Jiko tho distribution of oatogorios by clerical and non-Rloiionl, mid thirdly ovori if this distribution should remain, they domandod that Hkillod.poi'souniilshcnild hoiutho same gmilo us eloricni. You woro not pro- parodto agree to this, becauwo it would f-oat you it mim ol'Kn. 00,000 por annum which yon stated to be absolutely beyond your means. Various alternatives wore adopted and worked out, and tho following JS tho mimimum In whinh T could persimde the Union to agree and I commend it for your acceptance without reservation :•• •

UKOiri' A

Grade. I.—Ks. 100—175 covering (I) Accountant, (2) Traffic Controller, (3) Ca^liier, (4) Senior Station MaHtev, (C) (Jompuunder, (H) Loco Heiul OJerkf), (7) Work- shop "Timo-keopor, (8) Sciiior fJuard of 2r.> yep/rs Kfundiug,

Orach if.- -lis. f>(> 100 uo\oiing Ansi,ytnitt Accounts c-lork and Head Typist, Traflic Auditor, InKpoctor of Station Accounts, Record and Statistical clork, Store- keoi)or, all other Station Masters, Kelievin^ Sttaioji Master, Signaller, Assistant Station MastoiM, nil othor Gurrds, T.T.Ca., C-Jooda clork, Parcel clerk, Booking clerk, Mail Guard, 'rnuishijimcnt cloi-k- arifl Mr. K. Ehyiii, 2/id clork Loco as his porwoual and Assistant Goods clork.

Grade I/I,—RN. 40- Co (ioverijig Claims clerk, Kstablishmont clork, Assistant typist, Cash Assistant, Sflsi.stn.nt. Store-krvpor, Co operative Storc-keopei', Dresser, Worksiiop 2n"l cloi'k.

GHOUI' B

Crude J (rt).---'Rs. 00—-l:?f> covering (Workshop) Head Workshop fitter, Head tin-iior. Head Miller, Head Drillur, Wolder, Head Blacksmith, "Head Carpontor, Head Moulder, Oil Engine Ujivor nnd Piti,or— (Locomotive)--Hoad Driver, Head Fitter, Head Boiler Maker,--(Carriage and Wagon)- Head Carriage Examiner,-- -(Engineer- ing).—-Mates and Hd. Mtiaon.

Grade I (6).—Rs. 45- -100 covering (Workshoj)) Fitter, Turners, Blacksmiths, Moulders, Carpenters, (Locomotive)—Drivers, Shunting Driver, Shed-man, Fittora, Boiler Makers (Caixiagc and Wagon),--Cwrzmgo litters, l^aintors (Engineering) Key-men.

Grade II.- -Ks, a(l—00 eoverjjig (Workshop)- -Assistant Miller, Hammermen, Oil Engine Drivers Assistant,--(Locomotive) Fireman, Steam-men, Assistant Boiler Makore, (Cari'iagc and Wagon)—Oil-men, (Engjnoering)--Assistant M'asen, P.W.I. Time-k(!epor, I'.W.l. Carpenter, Shunting .Tamadar, Naharani Siih'ng-in-chargo.

Grade, III.— Ks. 26--50 it includes all others.

It will bo noticed that the difference of elorical and non-clerical has been elimi- nated. Thia in estimated to cost the Company about Rs. 35,000 per year. In my opinion, this should bo within your moans, as I gathered that you made a profit of

rupees sixty thousand lust year and. your average profit per annum is about rupeos forty thousand, besides you lia,vi> ;., roworvo fund of nearly a lakh of rupoos. It may be mentioned that those grades, parUcuLvrJy in tho lughor categories are still below those fixo'l dy tho Pay Commission in re-ipi^t of Stato Railway employees.

(4) Ditchania of 11 Kmploj/;.'cs.—You stated that those men were discharged us thoy wore surplus to requirementa. T.lv> Union was firmly of tho opinion that this "Was not i/ho ease, as tho number of trainy ;vnd other things having remainod tho same, there oould nob bo twiy question of staff b'.uii'j' surplus to requirements. Prima- faciti it was difficult, to refute tho Union's argument. Therefore, in order to bo able to decide tlio matter in a rational manner, I asked my labour inspector (Central), (lauhati, to undertake job analysis of tlie poatn on tUo spot to see if those men woro verily surplus to roquinvnuvitN. A. copy of his report on tho subject is enclosed for your porutiiiL und infoi'nmtion. It will bo observed that the discharge of all tho men oould iM)t 1)0 justified and T n,m to recommend that at least one discharged man from oacli catogory (i.e.. M, IOHWC 5 out of 1.1). havinu; greater longth of sorvioe than tho otlior discharged man or men in tho a.'urio catogory, should immedifttsly bo put back to work. With roc^u-d to tho rest of iho diHuhnrgod mon, I woulil suygost tvhat thoir elainiPi sliould be given priority in future recruitments.

in conclusion, T anj to ntpont that tho ti.bove are the minimijjn which I could jiei'Hiiiido tho Union to agree after prolonged deliberations. Therefore, if any of the above recommendations in not acceptable to you, there is no room for further dis- cussion or negotiations, and in Huiih easjo tho only alternative-loft to me is to recom- mend to tho (Jovornmont to refer tho diaputo to a Tribunal. I would, therefore, request you to be good onough to c.ominuiucite your decision to mo within eevon days IVoin the date of this letter.

.Besides the ^hovro

(tt) Vour prom.int rl'.nifljc (Controller rcprosenl.nd that he had manured the work of Traffic Superintendent since Mr. J). A. Neamo left for War Service und therefore ho should now be appointed as such. On behalf of the Company, it was explained that (hero were several charges of corruption mid diwhoneNty ngtiiiiNt tJie Traiiie Controller, and therefore ho did, not deserve promotion. 1 sensed that there wan a bit of local politics in the vvliolo affair, u.s tho Traffic Controller waw also a Municipal Commissioner. Tho Union was interested in his case. T Jeft it to Mr. S. N. Moitra, I.O.S., Deputy Commissioner, Durrang, to decide the genu- ineness of his claims for promotion.

(hi) Tho condition of the contractor's labour in extremely unwatisfnetory. The middleman system, namely, tho Sardiir, is largely re.sponsiblo for then: miserable plight. Therefore, the present sardari system should be abolished aw early as possible and the men should bo the direct employees of the Company under a. .Koroniau-in-Ohargc;. This is not likely to in- volve any additional expenditure to tho Compnny, as it was stated that tho men could bo accommodated on reasonable wages within the amount paid to the contractor.

(bli) Tt was complained that the contractor's rate has been drastically cut down. This may bo looked into and if it has caused any hardship to the mon, it should be remedied.

(biii) The quarters provided for the contractor's labour are unfit for human habitation. I was given to understand that the Management had undertaken to luiild new quarters for them. Tt is suggested that tliis should bo expedited.

I have the honour to be,

Gentlemen,

Your most obedient servant,

(Sd.) A. TALIB,—1-12-47,

Regional Labour Commissioner (Central),

CALCUTTA.

Copy together with a copy of the L.I. (C), Ounlmti's report, for information, for- warded to :—•

(1) Chief Labour Commissioner, Covt. of Indiu, New Delhi, (2) Deputy Commissioner, Darning, Tezpur, Assam.

(3) Labour Commissioner, Govt. of Assam, Shillong.

(4) Conciliation Ofiicr-r, Gevt. of India, Calcutta.

(5) Labour Inspector (Central), Gfluhati.

(0) Gentrul Secretary, T. B. Railwaymcn'H Union, Tczpui.

(Sd.)A. TALTB,

Regional. Labovr Commissioner (Central),

CALCUTTA.

ANNEXURE 'B'

EXHIBIT 39.

T. 15. TRAMWAY CO. LTD.

6th December, 1917.

. No. 12/47/2/26.

MESSES. KJLBTTRN & Co., L.A.

T. B. Ry., TEZPUR.

DBAB Sms,

T. B. Railway Men's Union,

Our letter No. 12/47'/2/J8 of 20-J0.-47.

As a result of the recommendations made by the Regional Labour Commissioner (Central), CftUmtta in his letter No, CON-TU (58) of 1st December 1047, the Directors have approved the following grading of the staff with effect from 1st October 1947.

subject to the faot that none of these grades will exceed those sanctioned by the Railway Board in respect of Slate Railway Employees:—

GROUP "A"

Covering.

D.A. p.m.

Grade.

Maximum Basio Salary p.m.

Minimum Basic Salary p.m.

Rs.

Rs.

R".

25

170

100

I

Accountant, Traffic Controller, Cashier, Senior Station Master, Compounder Loco, Head Clerk, Workshop Time- keeper, Senior Guard of 25 years' standing.

25

100

60

n

Asst. Accounts olerk ifc Head typist, Traffic Auditor, Inspector of Station Accounts, Record & Statistical clerk, Storekeeper. All other S.M'a. Re- liovjng 8.M. Signaller, A.S.M's, all other guards, T.T.C's, Goods clerk, Parcels clerk, Mail guards, Tranship- ment clerks, Asst. Goods clerk, and as a personal concession Habu K, Bhuyan at present tho Loco. 2nd clerk.

25

"5

40

ni

Claims clerk, E.C. Aaat. Typist, ("ash Assistant, A.S.K'R, Co-operative wtoro keeper, Dresser Workshop 2nd Clerk.

GROUP " B"

125

ttO

I.A.

25 Workshop.—Head fitter, Head Turner, Head Miller, Head i).rillor, Welder, Head Blacksmith, Head Carpenter, Head Moulder, Oil Engine Driver and Fitter.

Locomotive.—Hewd Driver, Head Loco,

Fitter, Head Boiler Maker,

Carriage d> Wagon.—Head Carriage

Examiner.

Engineering.—Mates, Head Mason.

GROUP" B "—-contd.

D..A.

Covering.

p.11)

G t'tido.

Minimum Basic Salary p.m.

Maximum Basic Salary p.m.

H,.

Rs,

Rs.

45

3")

100

TI-;

Workshop.— Filters, 'I'm ucvs, Black- smiths, Moulder,"!, Carpcnterst. Locomotive. -Drivers, Shunting driver, Shed-man, FittfTn, Boiler Makers.

Carriage

I'ai nter.

Engineering.—-Koyi nen.

Works'/top.—Asst. Miller, HaiunHTmin, :!6

25

60

i.r

Awst, 1,o Oil Tfrngino l^rivoi'.

Loamwtiwi.—Firouu'ii, Sloom nu.-n, AH,S<.

Boiler Mukera.

Carriny.• d~ War/on.- Oilj-non, 1

JUngi/Htjerimj.—Awst.. JVhiNon, 1'Wl Time keeper. VWI Cii.rpi'.ntoi¹, Stiuiitin^ Jutniular, Nalionitii hidins-in-cli.-ir^;.

26

50

A.Q othoiH not included in the aliovo.

25

m

D.A.— The dr'iirnoFiH dllowanicc rffcrrcd to above will conljnuo to bo paifl to tho sdafFin addition to thiir ]iay bni "il( l>o withdrawn gradually in uoeordanco witjj tljn downward trend of tho cost of living index if and when it IH-.VMJ-H.

Annual Increments and Efficiency Burs.—Wo aro goinjr i;i(o Uiiw next week in consultation with the Regional Labour Oommin:jionor and will iidviwc. yon furllior in duo courwo.

We ahall be obliged if you will, in conFiultation with tho .1'ivfiidnnt of tho Uniori| tho Officers of the Railway and Mr. .I.G. Maitra, draw up for our wcrutiny and approval revised, lists of stfl Ft' swonYmg to I.hcir d.cjia.rtnientp, based on the grading given above. Tho.se lists should include the following details :— (I) Serial No., (2) Name, (•{) OoMiguation, (4) Grade, (5) Present total Monthly Emoluments, (6) Snggsewtcd liovised Basic Salary, (7) D.A.

Interim Increment,—You will bo in order mi paying all stall @ Rs, 7 p. in. ounh with retrospective effect from Aug. 4(! to 30 Sept, 47 (14 mouths), and hi recovering from those who have already drawn the interim relief @ Rs. 10 p. ra. tho excels amount thuH paid to them. Wo suggest that thin refund should be at the rate of Rs. 3 p.m.

Yours faithfully,

For MOLEOI) Ar, CO,, LTD.,

(Sd)

EXHIBIT Z

TEZPUR BALIPARA RAILWAY

Our Referenoe,

Your Roferenoo.

No.

No. A.6./42/1.

Datod, 28th Maroh, 1942

Dated

From The Local Agents, T. B. Railway, To Babu J. C. Chowdhury,

Tozpnr.

Tezpur.

SUBJECT.. .

D I AB S I B,

With effect from the let April, 1642 you are appointed Traffic)'Controller.

Your duties will inolude tho undernoted speoial points :—

(a) Plaoing of wagons.

(b) Rates.

(c) Arranging expeditious clearance off of all Cargo both through and local.

(d) Maintenance of earnings Graphs.

(e) Trafflo canvassing e tc oto.

In other words you are held responsible for the smooth running of the Railway and must pay particular attention to ECONOMY.

To commence with, you will draw up the complete wagon position in detail.

All orders, will be issued in consultation with the undersigned.

Your duties are exclusively "traffic" and "traffic control" and entirely separate from Audit and Accounts.

Your faithfully,

Pro. KILBUBN & CO.,

(Sd.)

H. KHAMA', Dy. Secy

PCBLISHII) BY TUB MANAOEtl OF PuBLrOATIONS, DBLHI, INDIA.

PIIINTID BY THi MANAGIR, QOVKENMINT OI INDIA P B M S, N "W D I L H I, INDIA.