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Thirdly,the quantum of compensation payable for abolition of Jagir and extinguishment of his other rights depends upon what kind of Jagir has been abolished,whether it is proprietary or non-proprietary; in other words it is clear that the inquiry into the nature of the Jagir under s.2 (4) (i) is for the purpose of dete... |
There is yet one more aspect emerging from the definition of the expression "proprietary jagir" which leads to the same inference."Proprietary jagir" has been defined in S.2(xviii) to mean a jagir in respect of which the Jagirdar under the terms of a grant or agreement or by custom or usage is entitled to any rights or... |
In other words,the competent authority holding an inquiry under s.2(4) (i) can come to the conclusion that a particular Jagir is proprietary if it finds that the Jagirdar under the terms of a grant or agreement is entitled to some rights or interest in the soil other than mines or mineral products Ratio |
These aspects bring out true scope and ambit of the inquiry under sec.2(4)(i) and clearly show that the determination of the question whether a Jagir is proprietary or nonproprietary does not necessarily involve the determination of the question whether the Jagirdar had any rights to mines and mineral products on the a... |
In this case also notwithstanding the alleged unqualified grant in favour of the respondent the Mamladar's order dated November 24,1959,on which the respondent strongly relies,has held that the rights to excavate mica were retained by the State and not granted to the respondent,though the material or basis on which it ... |
It is,therefore,not possible to accept the contention of learned counsel for the respondents that a determination under s.2 (4) (i) of the Act to the effect that a particular Jagir is a proprietary one necessarily implies that the grantee is entitled to mines and mineral products in the villages comprised in the grant,... |
In other words,our answer to the general question raised above would be that even after the competent authority has declared a particular Jagir to be a proprietary one under s.2(4 Ratio |
i) of the Act,a further inquiry under s.37(2) of the Bombay Land Revenue Code into the question whether a Jagirdar had any subsisting rights to mines and mineral products in the Jagir villages on the appointed date would be competent unless the grant of a right to mines and mineral products ,or the actual enjoyment the... |
Turning to the other specific question raised by counsel for the respondent before us we are clearly of the view that in the facts and circumstances of the case the inquiry initiated by the Collector under s.37(4) of the Bombay Land Revenue Code will have to be regarded as incompetent,misconceived and uncalled for Rati... |
The main valid objection to the said inquiry is that the condition precedent the existence of which canlead to the initiation of such inquiry is absent here Ratio |
S.37(1) of the Code contains the well-known declaratory provision where under all public roads,lanes and paths,the bridges,ditches,dikes,beds of the sea,harbours and creeks below high-water-mark,and of rivers,streams,nallas,lakes and tanks etc.and all lands wherever situated,which are not the property of individuals,ar... |
Where any property or any right in or over any property is claimed by or on behalf of the Crown or by any person as against the Crown,it shall be lawful for the Collector or a survey officer,after formal inquiry of which due notice has been given,to pass an order deciding the claim STA |
Under sub-s.(3),the decision of the Collector under sub-s.(2) is rendered final subject to the result of a suit that is required to be instituted in a Civil Court within one year of the said STA |
decision.on a reading of sub-s.(2),which we have quoted above,it will appear clear that laying a claim to a property or any right in or over the property either by the State against an individual or by the individual ,against the State is a condition precedent to the Collector's power to hold an inquiry contemplated by... |
In other words,before the Collector can initiate an inquiry under that provision,either the State or the individual must put forward a claim to a property or any right in or over the property and it is such claim that is to be inquired into by the Collector whose decision,subject to a civil suit filed within one year,i... |
The question in the instant case is whether the respondent by making the two applications,one dated October 11,1968 to the Collector of Sabarkantha and the other dated October 4,1971,to the Mamlatdar,Taluka Idar,could be said to have put forward or laid a claim to a right to excavate gravel and stone a particular miner... |
The material on record clearly shows that the respondent could not be said to have done so Ratio |
Admittedly,by his previous order dated November 24,1959,the Mamlatdar of Talukadar,had declared that the respondent had been granted all the rights,particularly the right to quarry and remove gravel and Stones,in Isarwada and Kapoda villages in the year 1947 by the Idar Stale and that thereafter in the years 1952 and 1... |
It is thus clear that by these two applications the respondent had not put forward any claim as such to excavating gravel and stones for the first time' but,had merely requested the making of appropriate entry with regard to his said right which had already been recognised by the State Government previously Ratio |
That being the position,there was no occasion for the Collector to initiate the inquiry under s.37(2) of the Code-in fact,he had no jurisdiction to do so,the condition precedent not being satisfied Ratio |
Moreover,having regard to the statement made by counsel for the respondent before us it would be unfair to subject the respondent to the further inquiry under s.37(2) of the Code Ratio |
We may state that Counsel for-the respondent categorically stated before the Court that his client was confining his right to excavating only one type of mineral product,namely,gravel and stones,and that too from only two villages,namely,Kapoda and Isarwada comprised in his Jagir,in regard to which the Mamlatdar's orde... |
We find considerable force in this contention Ratio |
Besides,while determining the proprietary nature of the grant under s.2(4)(1) of the Act the competent authority had,on evidence led before it,alluded among others to the respondent's right to excavate and sell gravel and stones and enjoyment thereof by the respondent Ratio |
In these circumstances it would be fair and proper that the respondent is not subjected to a further inquiry under.s.37(2) of the Code so far as his right to excavating gravel and stones from the two villages of Kapoda and Isarwada is concerned Ratio |
If and when he prefers a claim to this particular mineral productfrom other villages comprised in his grant or to the other mines ormineral products in all the villages including Isarwada and Kapodaan inquiry into such claim under s.37(2) could be held,but even the decision at such inquiry would be subject to adjudicat... |
In this view of the matter,we feel that the High Court was right in its final conclusion whereby it has quashed the inquiry initiated by the Collecor under s.37(2) of the Code and issued the necessary injunction prayed for by the respondent Ratio |
The appeal is,therefore,dismissed with costs RPC |
Appeal dismissed RPC |
This appeal by special leave has been preferred by Tata Consultancy Engineers against an award dated 20th December,1978 of the Industrial Tribunal,Maharashtra,Bombay revising the wage scales of certain categories of employees and granting various other benefits FAC |
Tata Consultant Engineers,at its inception,was a partnership firm but subsequently the partnership was dissolved and in 1974 the undertaking became one of the divisions of Tata Sons Limited FAC |
It functions as a consulting organisation and a service industry,and does not manufacture any product or carry on trade FAC |
Its work force consists of engineers and supervisors and different categories of workmen FAC |
Out of 665 employees at Bombay,the draftsmen and the administrative staff number 306.These workmen are members of the Tata Consultant Employees Union FAC |
They served a Charter of Demands in July,1974,on the appellant,and as their demands were not accepted and conciliation proceedings proved fruitless,the State Government made a reference of the dispute under s.10(1) (d),Industrial Tribunal,Maharashtra for adjudication FAC |
The Reference was numbered I.T.No.292 of 1975 FAC |
The Union filed a statement before the Tribunal claiming an upward revision of the wage scales and dearness allowance and an increase from fifteen years to twenty years in the span for earning annual increments FAC |
It was urged that the Efficiency Bar,as a feature of the wage scales,should be removed FAC |
The dearness allowance,it was claimed,should be granted on a slab system FAC |
The claim of the Union was resisted by the appellant,who maintained that the existing wage scales were fair and reasonable on a region-cum-industry basis and that it would not be possible for the appellant to bear the additional financial burden if the demands of the Union were accepted FAC |
Reference was made to the political uncertainty in Iran which had placed an appreciable part of the appellant's business in jeopardy and to various other factors,peculiar to an engineering consultancy business,beyond the appellant's control FAC |
There was fierce competition also,it was asserted,from other similar organisations FAC |
The appellant had introduced various pay scales in 1973 and some time later they were revised FAC |
There was no separate dearness allowance until January,1977 when it was introduced for the first time FAC |
House rent allowance was also paid FAC |
Dearness allowance became payable at 10% of the basic wage subject to a minimum of Rs.50/ and house rent allowance at 30% of the basic salary FAC |
Nothing those facts,the Tribunal observed that compared with the increased paying capacity of the appellant,an inference drawn from the prosperity enjoyed by the appellant over the years,there was definite need for revising the wage scales FAC |
It was pointed out that the dearness allowance and house rent allowance granted by the appellant made little impact in neutralising the cost of living FAC |
The need for revising the wage scales was not disputed by the appellant FAC |
In proceeding to revise the wage structure the Tribunal took into account the two principles involved in the process,the financial capacity of the industry to bear the burden of an increased wage bill,and the prevailing wage structure on an industry-cum-region basis FAC |
Wage scale statements were filed by the parties before the Tribunal pertaining to several engineering consultancy organisations but FAC |
in the absence of pertinent information concerning the strength of their labour force,the extent of their business,the financial position for some years,the capital invested,the precise nature of the business,the position regarding reserves,dividends declared and future prospects of the company,the Tribunal found that ... |
Holding it impossible in the circumstances to apply the principle of industry-cum-region basis,the Tribunal turned to a consideration of the financial capacity of the company to bear an additional burden in this connection,it proceeded on the footing that the appellant was a separate and independent division of Tata So... |
Having regard to the net profits earned by the appellant from 1968 to 1977 it found that the acceptance of the demands of the Union would result in an increased burden of Rs.7 crores,a burden which would dry up the appellant's resources and would be impossible for it to bear FAC |
The Union modified its demands but even the modified terms,according to the Tribunal,appeared to be on the high side inasmuch as the resulting total burden of Rs.1.70 crores was much higher than the average profits could sustain FAC |
The particular character of the appellant,that it was a service industry and not a manufacturing concern,was taken into account and it was observed that unlike a manufacturing business there was little scope for diversification in the case of an engineering consultancy FAC |
Nonetheless,the Tribunal observed,there was every reason to expect that the appellant would be able to earn sound profits in the future,and the instability in its business activities occasioned by the turbulent political situation in Iran,would be,it was expected,compensated by contracts secured in different developing... |
For the purpose of determining the financial capacity of the appellant,the Tribunal followed Unichem Laboratories v FAC |
Their Workmen 1972 Indlaw SC 18(1) where it was held that the gross profits should be computed without making deductions on account of taxation,development rebate and depreciation FAC |
It decided also that there was no ground for deducting the notional value of gratuity FAC |
Revising the figures on that basis,it computed the annual gross profits for the years 1968 to 1977 and determined the annual average at Rs.26.69 lakhs FAC |
The Tribunal took note of the elaborate scales of wages already existing in the wage structure of the appellant and decided "to modify the existing structure of the scales with flat increases in each category FAC |
It also observed that the category of Draughtsmen needed a special increase FAC |
But it rejected the demand of the Union for dearness allowance on the basis of a slab system,because that would have imposed an unacceptable burden on the appellant's financial capacity and there was no reason why the existing scheme of dearness allowance should be disturbed when a substantial increase was being made i... |
Taking into account the circumstance that besides the staff of 306 workmen represented by the Union there were several other employees who would also have to be paid,the Tribunal considered it fair,in paragraph 23 of the award,to give a flat increase of Rs.150/-in the category of Draughtsmen and Rs.100/-in the case of ... |
It rejected the demand of the Union for abolishing the Efficiency Bar,but the span of 15 years for earning increment was expanded in some grades to 20 years and some adjustments were also made in specific grades FAC |
The Tribunal also noted that after the salaries of the employees had been fixed in the respective scales,senior employees would have to be given some more increments in the new scales according to their completed years of service FAC |
Taking all these factors into consideration,it made an award dated 20th December,1978 prescribing the following revision in the existing scales of wages FAC |
The Tribunal maintained the existing schemes of dearness allowance and house rent allowance,and observed that in view of the revised basic wages there would be a resultant increase in the dearness allowance and house rent allowance FAC |
The revised wage scales,the Tribunal directed,should take effect retrospectively from 1st January,1976.It also laid down the principle enabling the actual fitment of the workmen in their respective wage scales as on that date and also provided for the number of increments to which they would be entitled having regard t... |
Two days after the award was made,an application was made by the Union stating: "In the said award,your Honour has observed,at the end of para 22,"In view of the increase that is being allowed in the basic pay,I do not propose to revise the existing scheme of Dearness Allowance FAC |
Further,it appears that the Tribunal intended to grant the increase of Rs.150/-to each draughtsman and Rs.100/-to all other workmen in their basic pay FAC |
However,this is not clearly mentioned anywhere in the award due to accidental slip or omission Ratio |
The Union prayed that the position may be clarified and the award corrected accordingly FAC |
On the same date,the Tribunal disposed of the application by the following order: "There can be no doubt that a flat increase of Rs.150/-to each of the employees in the category of Draftsmen and of Rs.100/-to each employee in the other categories has been granted under my award FAC |
The same has been made clear in paragraph RLC |
No.23,but it appears that the words "to each employee" after the figure "Rs.150/-" were omitted RLC |
Similarly,the same words "to each employee" after the figure "100" were omitted RLC |
When the award is sent for publication,a necessary corrigendum be made in the award and the aforesaid words after the figures Rs.150/-and Rs.100/-be added RLC |
It may be mentioned that only from that point of view viz.to grant flat increase of Rs.150/-and of Rs.100/-to the employees in the category of Draftsmen and the other categories respectively that a burden statement was called for from the company and the same was submitted (vide Ex RLC |
C-51).The fitment has also to be done only after the flat increase is added to the present basic salary of each employee RLC |
I do not think that any problem would arise for interpretation of the award RLC |
Since the award has been already signed,I do not think anything further can be added to this award RLC |
Sd/-K.N.Wani INDUSTRIAL TRIBUNAL FAC |
In this appeal,the learned counsel for the appellant had covered a wide field,but in the end he states that the appellant is aggrieved by two matters only ARG |
One is the retrospectivity attached to the revised wage scales,and the other is the flat increase given to each employee of Rs.150/-in the category of Draughtsmen and Rs.100/-in other categories resulting from the order dated 22nd December,1978 ARG |
The workmen have filed an appeal by special leave,Civil Appeal No.2300 of 1979,in which they have challenged the rejection by the Tribunal of their claim in respect of dearness allowance which,they contend,should be pegged to the cost of living index and should not be a fixed amount FAC |
Considering the appeal of Tata Consulting Engineers first,the contention of learned counsel for the appellant is that having regard to the financial capacity of the appellant the Tribunal erred in making the wage scales retrospective and,in any event,in ranging the retrospectivity back to 1st January,1976 ARG |
We have been taken through some of the material on the record in the attempt to support the contention,but after giving careful thought to the matter,I think there is ample justification for what the Tribunal did Ratio |
It must be remembered that although the wage scales were introduced as long ago as 1973 they were maintained at that level except for a slight revision some time thereafter Ratio |
No dearness allowance was paid until the beginning of 1977 and the house rent allowance also was introduced about that time Ratio |
The cost of living had gone on increasing from 1972 onwards and,as the Tribunal has found,the dearness allowance and house rent allowance made no appreciable impact in neutralising the increasing cost Ratio |
During all these years,the appellant had continued to enjoy increasing profits; nonetheless the emoluments received by the workmen did not receive the impress of the appellant's growing prosperity Ratio |
The Charter of Demands was presented by the Union in July,1974 and when conciliation proceedings failed the State Government made the reference to the Industrial Tribunal in 1975.The Tribunal has referred to various considerations which prevailed with it in giving retrospectivity to the revised pay scales Ratio |
They are considerations which cannot be ignored Ratio |
Accordingly,the contention raised on behalf of the appellant against retrospectivity of the wage scales must be rejected Ratio |
The challenge embodied in the second contention against the amendment of the award is more serious Ratio |
It is urged that the amendment results in the inclusion of a flat increase of Rs.150/-to each workman in the case of Draughtsman and Rs.100/-to each workman in the case of other categories,a result wholly unwarranted,it is said,by the intent of the original award and,therefore,falling beyond the jurisdiction of the Tri... |
In making the application of 22nd STA |
December,1978,the Union invoked the jurisdiction of the STA |
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