The tribunal directed that the gross sales workplace staff should be paid manufacturing bonus at the similar fee at which it was given to the workmen of the manufacturing unit office. The query whether or not inspectors, salesmen and retail salesmen employed by the gross sales workplace have been workmen was additionally answered by the Tribunal within the affirmative, so that in addition they grew to become entitled to the advantage of the award. Being of opinion that the dispute should have been raised earlier by the workmen of the sales workplace, the Tribunal directed that the payment of production bonus to the gross sales workplace employees would start from the date the award grew to become enforceable in regulation. Against this decision the employers, the Western India Match Co. The workmen have additionally appealed against the path that the cost of production bonus ought to begin from the date the award turned enforceable in regulation.
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Three points have been raised earlier than us on behalf of the employers in assist of their attraction, which has been numbered Civil Appeal No. 300 of 1963. The first and the main rivalry is that the Tribunal has erred in holding that the sales office and the manufacturing unit fashioned components of 1 and the same unit of commercial manufacturing. In any case, it was next urged, the Tribunal ought not to have extended to the sales workplace workers the manufacturing bonus scheme for the manufacturing unit office with none modification. Thirdly, it was contended that the Tribunal was wrong in holding that inspectors, salesmen and retail salesmen are workmen throughout the that means of the U.P Industrial Disputes Act.
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If it had been clear that the Tribunal had utilized its mind to this side of the issue we’d not have felt justified in upholding Mr Pai’s criticism. As it seems nonetheless that this aspect was not thought-about, we predict it is going to be in one of the best pursuits of commercial peace and of social justice that the Tribunal applies its mind to the question after which involves a call.
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