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REGISTERED No. D- 28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, MONDAY, SEPTEMBER 12, 1949

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

NOTIFICATION

New Delhi the 8th September 1949.

No. LR.2(203). -In pursuance of Section 17 of the Industrial Disputes Act, 1947 (XIV of 1947), the Central Government is pleased to publish the follow- ing award of the Industrial Tribunal, Dhanbad, in the industrial dispute be- tween the workmen of the Jamadoba and Malkera Colleries of the Tata Iron and Steel Company Limited and their management.

Reference No. 2 of 1949

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT DHANBAD.

IN THE MATTER OF AN INDUSTRIAL DISPUTE BETWEEN THE WORKMEN OF JAMADOBA AND MALKERA COLLIERIES OF THE TATA IRON AND STEEL COMPANY LIMITED AND THEIR MANAGEMENT.

PRESENT

Shri S P. Varma, Barrister-at-Law, Chairman, Central Government Industrial Tribunal, Dhanbad.

For the Collieries: Shri K. B Bose, Barrister-at-Law.

For the Workmen: Mr. M John, represented the Jamadoba Colliery Khalasis with Shri Shiv Kali Bose, and Shri Kauti Mehta.

Shri B. N. Sharma, General Secretary, The Tata's Collieries Labour Association, Jamadoba, P O Jealgora, represented the Khalasis of Malkera Colliery.

AWARD

This dispute which has been referred to the Central Government Industrial Tribunal at Dhanbad by a Notification of the Government of. India, Ministry of Labour, No LR-2(203) dated 30th March 1949 concerns the Jamadoba and Malkera collieries of the Tata Iron and Steel Company Limited and their res- pective workmen The single point which has been referred to this Tribunal is in the following terms:

"Whereas the question of wages of Khalasis has, so far as the Central Government is aware, been raised on behalf of the workmen',

And whereas the Central Government considers it desirable to refer the dispute for adjudication,

Now, therefore in exercise of the powers conferred by clause (<•) of sub- section (1) of Section 10 of the Industrial Disputes Act 1947 (XIV of 1947), the Central Government is pleased to refer the said dispute for adjudication to the Industrial Tribunal at Dhanbad constituted under Section 7 of the said Act."

150,3

2 The collieries ot Jamadoba and Malkera were represented by their counsel Shvi K. i) Bose, Bamnter-at-Law, and Sim B. K. Mitra, Advocate, Mr. John repieseuted the Kha!asis of Jumadoba und fcihri Sbttrma the Khulasia of Malkmi colliery,

3 The Khalawis ot Jumadoba were represented by Mr. John belonging to one political group and the Khalasin ot Malkern were represented by Bhri B. N. Sharma, belonging to another political group. The names ot the Khalasb whom the respective political group represent will appear from their letters of authority submitted bj thy bwo groups The distance between ISfulkeru and Jamadoba ib about 38 miles.

4. The usutil notices weie served on the parties on 27 th April 1049 The iej>i6smitfttiv<3 oi the Khalasis of Janiadoba Colliery submitted their statement of Viaim on 1st June 1940 and the representative of the Khalasis ot the Malkera Colliery albo submitted their statement on the same date. The statements by the management of Jama-doba and Malkera Collieries of Tata Iron aud Steel Company Limited were submitted by Bhri fc> C. Ghosh, Superintendent of Co'lieries, The Tata Jrou and Steel Company Limited on 22nd June 1949.

f) The following witnesses were examined on behalf of the employers Khri (Jhosh, Superintendent of Collieries. The Tata Iron and Steel Company .Limited; Mr. Engineer, Deputy Superintendent ol Collieriet, the Tata Iron mid Hteel Company Limited, and Sbn T. 1' Ohidambar, the Chief Personnel Officer, Indian Mining Association A certain number ot exhibits were filed

6. Tfle case for the Union at Jamadoba is to be found in the statement filed on behaE o the Khal-asis by Bhri Shiv Kali Bose. Then- case is that the Khalasis working in the steam haulage were paid As. 11/9 per day in 1933. After that new recruitment WHR being done at \ s. 10 and As. 10/6 per day for the same job. During the period from June to August 1947 nil thes-e Bloam engines in Jamadoba Colliery were converted into electric driven eigines. The woikcis working in the steam engines were now asked to work in these new e'ectrio driven engines and they demanded the rate of Re. 1 per day that waa pievelant in the electric engines, The company refused this demand oC the workers who were gttting less than Re. 1 per day to have their wages raised to Itc 1 per day A 14 dayn strike notice was given for the 13th and 14th Septem- matter u.is finally \ettled. The Labour fnspector went to Jamadoba in October 1948 but as the management did not accept the recommendations of the Conciliation Officer, the. matter was then referred to the Government of Jndia, who in turn referred this matter to this Tribunal This n'emorarrdum disposer vt the case of Mfllkera workers by saying that the history of the Haulage Khaliivb there wits more or lens similar.

The statement of the Tata's Collieries Labour Association of Malkera emphasises the point that similar work should fetch similar wages.

7. The case for the employers is that before 1947 they had steam and electric haulages in No. 4 incline mine, at Jamadoba Colliery drawing mine cars of '24 tons capaoity. There were also steam haulages drawing coal tubs of 14 cwt. capacity in other mines o£ Jamadoba Colliery. The Khalasis opera- ting electric haulages were paid Re 1 per day each. The Khalagiu ol bteam haulages dri.wiog mine cars were paid al> a lower rate. But they were paid a rate higher thr.n that paid to Khulasia working on bfceam haulages drawing oo"l tubs. In 1947 the steum haulages drawing coal tubs were converted into electric haul"gef>, The Kbilasis were paid the rates as existed for the eteotric

haulage Klm'.isii oi coal tubs us in other mines of Jamadoba. They emphasise tlu tact thai the work of the Khaiasis working on haulages of coal tub* does not iisquiiv the wme responsibility as in the electric haulages system drawing niine eais and a-o it is less onerous In reply to the allegation Ln the work- men'i memorandum that the company wat, making large profit^ the manage- ment in their statement point out that they do not Hell coal in the open market but supply their entLe output to their steel works in Jamshwlpur. They resist thy suggestion thu( the work of the Khalasih attending the electrio hnu'- age engines has increased in every way. They also submit thai the Haulage Krwhms who were paid U". 1 per day ftre being paid this higher iftte not be- •coua.¹ they tiro simply working on electric haulages but because they work on very heavy engines and do moie hazardous work. They also contend that the wagirT. paid in Malke a to the Haulage Khalasia h quite fair and reasonable. It appears tiom the Appendix 'A' attached to the statement of the manage- ment that Haulage Khalasia drawing mine ears in 4 Incline mine at Jamadoba working under steam haulage were getting An U /9 basic per day, and "Steam Haulage Khalasis drawing coal tuba were getting As. 10 or As. 10/6 baeic per day. In the caw of electric haulages, Haulage Khalasie drawing mine •carb in 4 incline at Jamadoba were getting the same Re. 1 per d.'iy and the *unic lib 80 per month basic,

8. Fiom the contention of the parties it appears clearly that the chim of ihe workers who were handling electric haulage machines and other haulage machines is that their remuneration should be equal to the remuneration of the pert,ins who wen. getting He 1 or more on the ground that their work is similar to the work o^ those persons. L have gon^ through the evidence oi the persons examined on behalf of the company and I have '\lso inspected the two eollieiie-, nt Jtimadoba and Malkera. 1 am inclined to think that the peisonn who -work over the electric haulage of mine cars ate doing n kind of worn which is muoh moro intricate and respoimib'e than ttiobti oi the people who are working over electric haulage of cent) tubs. At one stage it wsh heviouslv urged ftt any rate, apparently, that the woik ol the Khftlftbie in charge of electric machines used for haulage ot coal tubs ia more utrenuouy than the woik of kha^isis who are in charge ol the mine cars. The argument was that whereas in the case of mine >ears the distance that the cars have to travel is fixed in the ensa of the former the distance is not fWed Therefore the man in ohnr^e in the format typt of machinery has to b" uoiiRtnntly on the alert. But this agrument loses "abt ot the fact that thefe IB an indicator which points the distance which the coal tub has travelled Moieovwr, looking at tho two types oi machinery, •those which tire used for the haulage of mine can" are certainly more intricate than those that are used fo.- the haulage of coal tubs. In fact,- it has been said that, en certain occasions, people in charge of the haulage of coal tubs by electricity were tried on mine cars but they did not prove successful. Sa th,ere is not much force in the argument that the work of the men who are in charge of electric haulage of coal tubs ia of the tame type is that of the (•ereons in charge of the electric haulage of mine cars. If wages "_•" to de- pend on the responsibilities and atrenuousness of the work and also on the amount of preparation.required to carry on the work, I am of the opinion that the ptfraonB in charge of the electric haulage of coal tubs cannot claim the same wagei that an- given to thijr workmen who are in charge of the mine caiw.

9. The question now arises a" to what should be the wages of person* . who are in charge of the electric naulageb of coal tubs'. Now taking Uie ense. of persons in charge of coal tubs in Jamadoba, I find that there are different rates prevailing with regard to the wages of persons engaged there, the rates being As. 11./$), As, 10 and As 10/6. How this diHerence has arisen in case

of MHgei of Nwwkmen in charge of coal tubs has not been satjsfaefonly explain- ed Now Lb(_ question is whut is tho amount that they should eet Whether the piesenl iate should continues or ore they entitled to something more

10 ] Kim (bo Appendix 'A' o' t'ie meniniandmn hl<_d IA (lie mautigemetit it appears that in the time o' tho Sieam l l a n l i ^ es Haulage Khul isib drawing mine cur, were getting As. 11/9 basic per dny. Whereas in ilie case oi e l e d ne haulages, n a u l a ge Khalasia drawing mine cars were gel dug rle. 1 per dny basic and 3is #0 per month basic Ho (here is a difference between the persons working on electric; haulages and steam haulngeb according to the infoimation supplied by tho management itselt They seem at least in this instance to p ut n Ing-hoi value on t>ie work done by peisona m cliaigt. ol ilfchje lr'iil.i^es than ilirtt ol the work of tho persons connected with stenm haulages In tho ease ol woikeis on coal tub" undei the ekctrio haulage syssltMii 1 Ilnuk they should get something more than whut they were getting am Haulngo JKhalaw* when &]etin haulages weie in use on coal tubs. Moreover, I tic difteieuoj in the wages oi the various khalaais seems to be ajiomuloim. Jn Jamndoba they uic yoltini> As 10/-, As. l(i/fi oi As. 11 n H4 Iheir Ij.i^ie per duy I would theieiore ciu the ground of uniformity in wages as well tn of the 1,10^0 skilled 1,\pj ol work that is being done, laise the wages of Jamadoba Khala^is m nlur^e of" the foul tulis lo As 1'2 • pei da\ 'is then 1) we \ \ n ^j

11 Coming now to the case of Malkera, (he eleoti-io haulage h.ts been iu existent¹1 ior i prerty long time and thp woikmei' in charge ot the electuo haulage fcjstem have been getting the same wages for a profty long time. But Mnlktra is under (he same piopriotors and there should Le anifo mi(y between the wageb in one colliery and tne other which are ucider the eame pi-oprietors specially when the dispute has arisen on account of the disparity of wag' S existing between those persons getting one rupee or more anil tbosa getting less. On behalf of the management it was u ged that .\ny change in the wage structure will have repurcussions in the coal Industry, In tin's area. But I am dealing with the particular case in hand and I am giving my awaid on the facts and materials placed before me I am of the opinion thut the wages of the Malkera workmen on electric haulages of" coal tubs v*ho ait' get- tiilg eleven* annas basic per day should get the same wages "d 1 have fixed in JamaJoSa.

PUBLISHED BY Tinr MANAGER or PUBLICATIONS, D K . H I, INI>IA,