EMPLOYERS OF THUNGABHADRA INDUSTRIES LTD. versus THE WORKMEN AND ANOTHER

Citation: [1974] 1 S.C.R. 247 · Decided: 04-05-1973 · Supreme Court of India · Bench: C.A. VAIDYIALINGAM · Disposal: Appeal(s) allowed

Judgment (excerpt)

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247 
EMPLOYERS OF THUNGABHADRA INDUSTRIES LTD. 
THE WORKMEN AND ANOTHER 
May 4, 1973 
[A, N. GROVER AND C. A. VAIDIALINGAM, JJ.] 
f.udustrial Disputes Act, 1947, s. 9(6)-Termination of award-Require111e11ts 
oj s. 19(6)-Termination mus1 be fixed with reference to a particular date. 
By an award dated, September 26, 1958 in I.D. 1'10. 20 of 1957 the respon-
dent workmen received certain benefits apart from the fixing of basic wages 
for different· categories. 
On March 8, 1968 the workmen submitted a charter 
of demands relating to categorisation and scales of pay and dearness allowance 
respectively. Later the Union pas~ed a resolution and intimated the manage-
ment that the workmen will be on strike from April 15, 1968. 
They actually 
were on strike from April 15 to 20, 1968. 
Coilciliation proc('edini:::s were 
attempted but failed. 
The State Government pa~sed an order on July 25, 1968 
referring the dispute for adjudication. The dispute was dealt \\·ith by the 
Tribunal in J.D. No. 43 of 196K The appellant company raised a prclin1inary 
objection l:efore the Tribunal that as the previous award in I .D. No. 20 of 
1968 had not been terminated the present reference by the State Government 
on July 25. 1968. wa~ incompetent. The Tribunal upheld the objection. 
A 
Single Judge of the High Court dismissed a writ petition filed by the workn1en 
against the order of the Tribunal. The Division Bench however held that 
the e.'.lrlier a'>vard had been terminated and the second reference was competent. 
In con1ing to this conclusion the Division Bench took into account the following 
circumstances namely, (a) that the workmen had raised demands which wer~ 
inconsistent with the earlier award. 
(b) that the workmen had gone on "-'. it.e 
and (c) that the management had participated in the conciliation procee<.i:ny", 
Allowing the appeal by the company, 
HELD : 1bough there ~ no particular form in which the notice of termina-
tion has to be given, still it is absolutely essential 
that the 
intention to 
terminate the award, with reference to a particular date, must be made i:lear 
by \he partie5. who set up a case of termination, 
In the in-star .. t case the charter of demands did not give any indication that 
the previous award had been terminated, 
Even assuming that by the charter 
F 
of demands on March 8, 1968, the av.lard was terminated, nevertheless. it will 
continue to be in force for a further period of two months from the date 
under section 19(6). The fact that the ,·.-orkmen went on strike from April 
15. 1~68, even before the expiry of this two months period. was an indicatio• 
th<tt they were di~satisficd with the refusal by the management to accede to 
their demands. Jf really thev had terminated the award on March 6. 1968. 
it )Na.' unrea~onable to hold that the workmen would have ~one on an illegal 
st•ike belor• the expiry of two month! from the said date. [251E] 
fl 
Tho fact that the appellant participated in the conciliation proceedin8-' Joeld 
II 
by the Conciliation Officer. which wrui also on a !Ubsequent date, was also of 
JW imoortance. When a strike J.5 on i~- ~ obligatory on the part of the Concilia-
tion Officer to initiate conciliation proceedings and the mana~ement had aoted 
properly in participating in the conciliation proceedings. [250H] 
Matll'gtmtnl o/ Ban~a1ore Wool/<11 Cotton Jc. Silk Mil1' Co. Ltd. v. 1'ht 
Workm•n & Anr., !1968) I S.C.R- 551, applied. 
The Workmtn of W1sttrn India M•tch Co. Ltd. v. The West<rn lndi• Match 
Co. Ltd., 119631 2 S.C.R. 27, explained. 
4-L373Sup CI/74 
248 
SUPREME COURT REPORTS 
[ 197 4 J 1 S.C.R, 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2271 of 1970. 
A 
Appeal by certificate from the judgment and order dated Septem-
ber 23. 1970 of the Andhra Pradesh High Court at Hyderabad in·Writ 
Appeal No. 31 of 1970. 
V. S. Desai, Naunit Lal and M. N. Shroff, for the appellant. 
M. K. Ramamurthi and J. Ramamurthi, for respondent No. 1 (for 
one section of workmen). 
B. P. Singh, for respondent No. 1 (for another section of work-
men). 
The Judgment of the Court was delivered by 
V AIDIALINGAM, J .-This appeal on certificate is against the judgment 
C 
and order dated September 23, 1970, of the Division Bench of the 
High Court of Andhra Pradesh, in Writ Appeal No. 31 of 1970. 
By order dated July 25. 1968, the State Government referred to 
the Industrial Tribunal Andbra Pradesh, Hyderabad, for adjudication 
certain disputes. 
The appellent 

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