M/S. TATA IRON & STEEL CO. LTD. versus THE WORKMEN & ORS.

Parties

Procedural Posture

Civil Appeals / Appeal From Dismissal of Writ Petitions by Patna High Court

Legal Issues

1. 1 Whether paragraph 8 of the Coal Mines Bonus Scheme, creating a quasi-judicial tribunal, was ultra vires as excessive delegated legislation and could only be created by the Legislature.
2. 2 Whether change in weekly rest days from Sunday to another day without notice to workmen constitutes a change in conditions of service under section 9A read with the Fourth Schedule to the Industrial Disputes Act, 1947, requiring notice.

Ratio Decidendi

The Coal Mines Provident Fund and Bonus Scheme Act, 1948, and its subsidiary schemes, including Paragraph 8 of the Coal Mines Bonus Scheme, are valid forms of delegated legislation as they are ancillary and within guidelines set by the parent Act. The change by the appellant of the weekly rest days from Sunday to another day constituted a change in service conditions relating to items in the Fourth Schedule of the Industrial Disputes Act and thus required notice under section 9A. Failure to provide such notice rendered the change void and actions based on it, including alleged strikes and lockouts, were to be determined accordingly.

Court Disposition

Appeal dismissed

Orders

• All six appeals are dismissed with costs; only one set of costs.