Labour Legends
Late Shri P.D. Kamerkar
Shri P.D. Kamerkar was born on 7th September, 1920 in a family with judicial background. His father, Shri Dattatreya G. Kamerkar, was a District Judge and had retired as the President of the Industrial Court, Bombay.
Shri Kamerkar participated in the Quit India Movement in the year 1942, suffered imprisonment for one year in 1944 and was also very active in the Trade Union Movement of the country. He was closely associated with Late Achyutrao Patwardhan and other Congress and socialist leaders of those days. He organized several trade unions and had served either as their Secretary or their President.
He was also a Journalist and worked for a Marathi daily ‘Lokmanya’ at Bombay.
Since 1940 to 1950, he worked as a full time activist of the Socialist Party and thereafter, a Praja Socialist Party. He was the founder Secretary of Chemical Mazdoor Sabha and Engineering Mazdoor Sabha.
He was also an agriculturist having his farm near Alibag in Raigad district and was a strong supporter of Save Environment Movement.
Shri Kamerkar joined the Bar in the year 1952 and started his practice from the Labour Court. After some years he joined the High Court Bar and thereafter, he was designated as Advocate, Supreme Court.
Shri Kamerkar played a vital role in the formation of the Labour Law Practitioner’s Association, Mumbai. In the year 1967, Shri Kamerkar became a Founder Treasurer of the LLPA, Mumbai. In the year 1968, he was elected as the General Secretary of the Association and was in the said office till the year 1971. In the year, 1977-1978, he was elected as the President of the LLPA, Mumbai. He was elected to the post of President from 1983 till 1987 of the Federation of the Labour Law Practitioner’s Association.
Mr. Kamerkar was not only a good lawyer but also was a good man who strived to advance the cause of Industrial workers and appeared in different courts to espouse their cause to the best of his ability.
While working in the High Court, he associated himself with many activities beneficial to the public and took the cases of human rights violations. He was a member of the Legal Aid and Advice Committee of Maharashtra since its inception in the year 1978 and was in charge of the High Court Legal Aid Committee.
Mr. Kamerkar represented all that is admirable and noble in this profession. He was intolerant of the oppression and fought for the oppressed. He struggled fearlessly for the justice and was intolerant of corruption and nepotism. He was a crusader and fearlessly fought for his ideals. He never comprised with his principles.
In the bar, Mr. Kamerkar was known as a highly spirited person. He fought courageously many battles to uphold the traditions of not only the bar but also of the bench and fought many Public Interest Litigations successfully such as Poona Empress Garden and the Teachers Pay hike case and will be always remembered as torch bearer to all those who not only practice in Labour Law but also to other Advocates.
Shri Kamerkar was associated with:
National Association For the Blind;
Vidya Vikas Mandal, an educational institution running a Montessori, primary and middle school at Andheri;
Maratha Mandir, Mumbai;
Deccan Education Society, Pune;
Yusuf Meherali Centre, Mumbai;
Agro-Horticulturists Association of Western India, Empress Garden, Pune;
Mumbai Marathi Granth Sangrahalaya, Mumbai.
He is survived by a wife, a son and a married daughter.
Late Shri G.R. Khanolkar
Mr. G.R. Khanolkar was born on 24th March, 1929 at Khanoli at Vengurla in Sindhudurg. He passed M.A. in Economic from Mumbai and did his law from Poona University.
He served in the Government office for some time and as he was identified as communist, he left his job and fully devoted to trade union work. Subsequently, he was trained by Late Mr. K.T. Sule, Advocate under whose training, he conducted cases in Labour matters and took the reigns of Dyes and Chemical Workers Union, Mumbai.
Mr. Khanolkar believed in the deep study and knowledge of financial position of the company as he could read the balance sheet of the different companies very well and this knowledge gave him the strength to negotiate with the employer in equal footing and hence he was respected by the employers.
Mr. Khanolkar did not believe in resorting to strikes and according to him this was the last resort for the workers. He strongly believed in Collective Bargaining and by his bargaining skill which was his strength he got the workers very good working conditions. He always believed in statutory machinery provide under the Labour Laws for resolving the industrial disputes if negotiations failed in the discussion across the table. He believed if industry survived then only worker will survive, hence he had kept balance while negotiating with the employers. He worked selflessly and tirelessly for the genuine interest of the workers and his demise left a vacuum in the trade union filed.
Mr. Khanolkar also played a vital role in the formation of the Federation of Labour Law Practioners Association.
Late Shri Narayanaswamy
Late Shri Narayanaswamy was born in Chikkaballapur in Karnataka State in a poor family which comprised of thirteen to fourteen children. His father impressed upon him at a very young age that education was of the greatest importance in life. He was educated during his school days in different places as his father was ex-government servant with a transferable job. He completed his college education from Maharaja’s College, Mysore obtaining B.A Degree. He thereafter obtained L.L.B degree from a college in Pune, then affiliated to Bombay University.
After qualifying as a lawyer Shri Narayanaswamy started his practice in a District Court in Mysore under Shri Venkatakrishniah, a well known senior lawyer of his time. Within a short span Shri Narayanaswamy was recognized as an upcoming young lawyer with a bright future.
The confines of a small town like Mysore, as it then was, and the limitation of practicing before a sub-ordinate court were anathema to the young lawyer, who desired to join the ranks of the Bar. Shri Narayanaswamy was determined to swim into wider water. He, therefore, decided to go over to Bombay and set up a legal practice there, although he had no godfather in the legal profession to help him out. Heart within and God above he arrived at Dadar station with a silver rupee coin in his pocket and a heartful of ambition. He struggled during the initial year to make his mark known and soon became recognized as an authority on industrial law which was developing fast in those years.
He soon became the standing counsel for the Mill Owners’ Association, Employers’ Association. and cores of employers in the State of Bombay. His fame as an industrial lawyer grew fast and his services were sought after from many corners of the country. He came to be recognized as a senior lawyer of the Bombay High Court and acknowledged expert on industrial jurisprudence. The cases in which he appeared are legal and path breaking.
Apart from the fact that he was a successful lawyer, Shri Narayanaswamy also contributed richly to the social, cultural, educational and religious life of Bombay. He was the President of South Indian Education Society, the National Kannada Education Society, both of which run reputed High Schools and Colleges. He was also President of the Mysore Association which is the social and cultural hub of Kannada speaking people in Bombay.
Mr. Narayanaswamy was the President of the Shankar Mutt in Matunga and spearheaded the religious activities in Bombay. He was also a Trustee and Vice President of the Shanmukananda Fine Arts and Sangeeth Sabha, which is the hub of cultural activity of South Indians in the City. He was also connected with several professional and cultural organizations in different capacities throughout his life.
Shri Narayanaswamy was a well-known figure in the city of Bombay and there was hardly any Kannadiga, who did not know his name and fame. His contribution to the education field is remembered by all the South Indians in Bombay even today.
Shri Naryanaswamy lead a high and full life, helping the needy to get educated for establishing in life. His magnificent contributions to charity were not even disclosed to the family till the end.
Shri Narayanaswamy left behind him a family of eight children and wife and passed away in 1983 on the day of Holi.
Late Shri Farrok Noshirwan Kaka
Shri F.N. Kaka, was born in Hubli, Karnataka, on 6th November, 1929. He studied at St. Mary’s School at Hubli and stood first in his school in the matric examination. He graduated from the karnatak college at Dharwar, with honors in Economics, again standing first in his group. In 1950, he came to Mumbai and studied Law at the Government Law College. After obtaining the LLB Degree and enrolling as an Advocate of the Bombay High Court in the month of October, 1953, he joined the chambers of shri. N.A. Palkhivala, specializing in tax matters. He subsequently specialized in industrial matters also and is considered to be one of the leading experts in Industrial Law in the country. He has appeared in several cases in the Supreme Court of India and in the High Courts of several states.
He was a part-time professor at the Government Law College for three years and also an examiner at the Indian Institute of Banking.
In college, he joined the U.O.T.C. and the National Cadet Corps and also won the best cadet prize. He stood first in the ‘C’ certificate examination of the NCC and rose to the rank of Senior Under Officer within four years.
A keen sportsman, he represented his college in cricket, football and hockey. He was the captain of his college athletic team and represented his University in athletics.
An enthusiastic rally driver, he was member of the only Indian team in the 1968 London-Sydney carathon and was a steward in the Himalayan Rally for a number of years. He enjoyed playing bridge and had won several prizes in Bridge tournaments. He practiced yoga and meditation regularly.
He was the President of the LLPA, Mumbai and has played an important part in the Associations struggle to uphold the independence and integrity of the Industrial Judiciary.
He was the Director of Advani Oerlikon Ltd., Semiconductors Ltd. and a number of other Limited Companies. He was an Honorary member of the Employers’ Federation of India.
He was married to Perviz Kaka and has four sons, Bomsi, Porus, Homi and Noshirwan.
Late Shri G. G. Gawade F.R.A.S. (London)
Late Shri G.G. Gawade was born on 04/04/1904. He passed his matriculation from North-cote High School, Sholapur and then joined Fergusson College, Pune in 1923 from where he passed his inter-science. While in college, he was a Sergeant in the University Training College. His platoon won the efficiency prize of best platoon for two consecutive years. On the death of his father in the year 1925, he was forced to give up the college education and seek selection both for the Bombay City Police Force and the District Police. He was selected for both the forces but chose to join the Bombay City Police Force. He joined the Police Training College at Nasik in 1925.
Shri Gawade topped the list in the Police Training College and thereafter, he served the Bombay City Police Force for about 22 years. During that time, he had handled most of the cause celebre in the city’s crimes. His services were asked for and lent to the Defence Department, Government of India, during the Second World War. In 1943, he was awarded with the Indian Police medal for his outstanding and meritorious services in Investigation and other police work.
His first love was for social work and he had worked for various social, educational and cultural institutions. By 1945, he had founded Maratha Mandir which has now blossomed into one of the foremost social institutions of Maharashtra. He was the founder and Life Member of Maratha Mandir.
Though be had become well-known as a brilliant and outstanding Police Officer with excellent prospects in Police service, his urge for social work made him give up further twenty years of police service with a highly promising Policeman’s career and he took an early retirement in the year 1946. He was drawing pension for about 40 years. However, after the emergency in 1977 when he read about the atrocities committed by the Police on the free citizens of this country, as a protest he wrote to the Government and returned his pension. For this spirited act, number of articles appeared in English and vernacular press approving of his action.
He was the working Partner of Gwalior Oil Mills for six years and in recognition of his expert knowledge in oil, oilseed, trade and technology, the Government of India appointed him as a member of Central Oil Seeds Committee in 1952 and he worked on the said Committee for nearly five years.
He was also the Managing Director of Josef Blum Pvt. Ltd., an Export-Import Firm and he worked in the said Firm upto 1955.
He is the pioneer in the filed of Private Detection and Security Services in India. He started a Company known as Investigation and Detection Services (India) Pvt. Ltd., in 1957. He was the Chairman and Managing Director of this Company which was in the forefront in the field of Private Detectives and security. This field had provided tremendous opportunities of employment to many young intellectuals and by now scores of organizations have come into the filed. Several retired Army Officers and Policemen including few Inspector Generals of Police have started working into his new field and at present all over India these organizations are providing employment to over 2,00,000 persons. These organizations have an Association of their own and it is known as the Association of Investigators and Security Organizations of India. He was the President of the said Association.
He is also considered to be one of the most successful Labour Advisor by the Industrial world. He also founded the company known as Labour Laws and Personnel Services Pvt. Ltd., in 1957. He had the legal acumen and he fought fearlessly the legal battles right upto the Supreme Court. At the same time, he had eminent practical solutions to avoid litigation and maintain atmosphere of co-operation and harmony in the Industrial field. He was the Chairman of this company till his death in 1986. This is the only Organisation of Labor Advisers registered under the Companies Act in India. Its clientele extends to a large number of leading Foreign and Indian Industrial and Commercial houses and groups. He was the President of Labour Laws Practitioners’ Association. He was also the Chairman of Unique Security Services, another Security & Investigation Organisation.
His fifty years interest in astronomy had resulted in his being elected as a Fellow of Royal Astronomical Society of London, which is an unique honour.
He was the President of Vidya Vikas Mandal, Andheri, Bombay which is carrying on very useful educational activities in Andheri including running of a full-fledged High School.
He was President of Akhil Maharashtra Sharirik Shikshan Mandal Malwan, Ratnagiri for several years.
He was taking continuous interest in the cause of Sanskrit language. He was the Vice President of Paschim Bharatiya Sanskrit Vidya Pith Society for some years for the promotion of studies of Sanskrit language. He was also the Vice President of a well-known Institution known as Mumbai Marathi Grantha Sangrahalaya.
He was also the Chairman of Maharashtra Vidyapeeth, Bombay.
He completed 75 years of busy life on 4th April, 1978-79 and the public of Bombay felicitated him on the occasion and presented him with a purse of Rs.75,000/- to which he added a sum of Rs.1,25,000/- of his own and has created a Trust for encouraging education and other work of Maratha Mandir.
His intellect traded well in any field he touched.
He died a peaceful death on 3rd June, 1986, when he was mentally too alert and wishing to do still some more social and educational work.
Late Shri. Gangadhar Dattatraya Ambekar
Shri. Gangadhar Dattatraya Ambekar was born in August, 1907 in a rich and a noble family from B irwadi, a small village near Mahad, in Maharashtra State. He was an Inamdar. His grand-father was the Honorary Magistrate and his father was a Professor of Chemistry in the Agricultural College at Lyallpur in Punjab. Shri Ambekar lost his father when he was only 12 years of age and had to struggle for his education. He was in Ferguson College from 1926 to 1932, where he was known as a scholar. He had a special liking for science and mathematics. Because of the 1930 Movement, he could not appear for his B. Sc Examination but he appeared for the same in 1932 from the Royal Institute of science, Mumbai.
Shri Ambekar, though from a rich family led an ascetic life which was a rare phenomena in the life of educated people. He took very simple food, put on very simple clothes and literally practiced the high principles of plain living and high thinking. He never tried to put labour on the wrong track nor did he give them any false hopes. He was not after cheap popularity. On the other hand, he detested popularity and maintained his distance from public.
During his college days, he came in contact with Shri. Shankarrao Deo, Acharya Bahgwat and Shri Jawdekar at the Ashram at Pimpri. He had decided to work in the Ashram on weekends permanently but in 1938 when Shankarrao Deo selected him for the Labour Movement and deputed him to Ahmedabad for labour training, he had to drop the idea. He joined the training class at Ahmedabad started by certain constructive workers of the Gandhi Seva Sangh with a view to train persons to work in the Labour field. Shri Ambekar was selected for the first batch of training with Shri G. Mapara with a view to take up the work of labour in Mumbai, then Bombay. After his return from Ahmedabad, Shri Ambekar, with the co-operation of his friends Shri Mapara, Shri Athavale and others, laid the foundation of Labour Movement in Bombay based on the principal and teaching of Mahatma Gandhi, viz. Satya and Ahinsa. On account of the failures of the Communist sponsored ‘General Strike’ in 1940 on the issue of ‘Dearness Allowance’ there was complete demoralization among the workers. It was left to Shri Ambekar to bring cosmos out of chaos. It was a Herculean task to remove the Communist influence and his colleagues, however, had to struggle very hard. They had to face many odds in the beginning but ultimately Shri Ambekar came out successful.
Very few people, however, know that Shri Ambekar was first a doctor and then a labour worker. In fact, Shri Ambekar began his activities in Bombay with a Chest of homeopathic medicines, moving on cycle throughout the labour areas helping the poor and needy persons. He was taken as a very efficient consultant. Had he not been dragged into the Labour Movement, we would have surely found him practicing as a good physician among the labour class and he would have made it a mission of his life as he always felt that “service to the laboring class in that direction is the real service”.
Although Shri Ambekar was a sincere Congress worker, he did not like politics to be mixed up with Labour Movement. According to him, “they are two different things which must be kept aloof from each other”.
Shri Ambekar depended mostly on constructive work. On account of this type of work, the Labour Movement in Bombay which was drifting in the vast turbulent ocean under the influence of the Communists was brought to a safe land by the intelligent and foresightedness of Shri Ambekar. Very few people had the knack of successfully handling such a situation as Shri Ambekar did. However trifling a thing may be, he would never give his opinion without studying the pros and cons of the matter. Before presenting a case to the Court, he would collect all possible data for the arguments and ample authorities from eminent authors in support of his arguments. He had a very sharp and retentive memory and no one could help being struck with wonder when he quoted exact references from books which he might have casually read some years ago.
Being a student of mathematics, he was also good at solving intricacies of calculations and even his opponents seldom challenged the results of his calculations. Shri Ambekar had been conducting the Rashtriya Mill Mazdoor Sangh, Bombay very ably and cautiously and it was on account of his intelligent guidance and incessant hard work that the Sangh has attained the present high position of being a representative union in Greater Bombay. Starting with a meager membership of about 500 to 600, the Sangh has reached to the tune of a steady membership of over a lakh. Shri Ambekar was the main architect fro the success of the Sangh.
It was due to the sincere service which Shri. Ambekar rendered to the labour class that he was chosen by the Government to represent the labour of India at the International Labour Conference since 1957.
He was also nominated as a member of the Legislative Council for the State of Bombay successively for two terms.
He was a member of the Working Committee of the India National Trade Union Congress from its inception. He had been elected as the President of the Indian National Trade Union Congress at Nagpur Session (January 1955). He was also the President of India National Trade Union congress, Maharashtra Branch.
He was the President of the India National Textile Workers’ Federation and President of the Association of Engineering Workers’ Assocation of Chemical Workers.
He was a member of the Hindustan Mazdoor Sevak Sangh.
He had been nominated as a Director for the Hindustan Cables Limited.
He was a Director of National Instruments, a Public Sector Undertaking.
As a Director of the Industrial Finance Corporation of India, he worked for nearly six years.
He was of the view that workers should have their own houses. He made successful efforts in forming three co-operative housing societies in Mumbai and provided the houses in them to the workers.
He was the President of Nagarik Sahayak Kendra (Dyaneshwar Vidyalaya, Bombay).
He had started a Kamgar Cooperative Bank in the labour area of Bombay.
Labour being the sole mission of his life, Shri Ambekar had almost denied to himself all other pleasures of life which one would normally expect him to enjoy. Indeed the labour world of Bombay must be proud of having Shri Ambekar as the leader who was thoroughly conversant with the present-day labour problems and had very high sense of duty. He had been the member of Governing Body of the ILO and member of the Executive Board of the ICFTU since 1957 till his death in the year 1964.
Late Shri. Firoz Darasha Damania
Firoz Darasha Damania, 54, leading Senior Advocate on Labour and Industrial Law was “Unpretentious, firm in his convictions, clear in his exposition of law and steadfast in espousing the cause he represented and thus, the man responsible for many noted decisions of the Bombay High Court. Mr. Damania’s roots were in a humble middle class family.
He graduated in Arts from St. Xavier’s College and in law from Government Law College. He enrolled as an Advocate in 1957. Initially, Mr. Damania started out on his legal career as an Advocate assistant with a nominal stipend. Thereafter, he joined as a junior to Mr. Maneck Gagrat, a Senior Practitioner in Labour & Industrial Courts, where was laid the foundation for his Industrial & Labour acumen. From 1965-66 he set up his independent practice handling all branches of litigation, be it matrimonial, commercial or accident claims, but his forte was Labour & Industrial Law. When his work pressure increased, he withdrew from Tribunals & Labour Court and devoted himself to the High Courts and Supreme Court. He was enrolled as a Senior Advocate in the year 1985.
He appeared interchangeably and with no embarrassment both for the industry and the trade unions indicating the confidence reposed in him by his clients.
His reputation at the bar for his honesty, integrity, intelligence and deep knowledge, was even during his life time, legendary. He was soft spoken but straightforward, honest, well-prepared and well determined. He was never rough with the Court despite of (having) suffered an adverse order against him.
Whether it was any of the legal firms like Crawford, Bayley and Company, Mulla & Mulla and Craigie, Blunt of Caroe, Government establishments like the Municipal Corporation, business houses like Buckau Wolf, Travel Corporation of India and Diners Club, medical centres like the B. D. Petit Parsee General Hospital, Masina Hospital and the Indian Red cross society or educational institutions like the Byramjee Jeejeebhoy Parsee Charitable Institution and the Queen Mary school, in times of disputes, it was Damania’s advice that was sought to tide them over an impasse between the management and the employees.
He was rendering honorary services to several Trusts and institutions like the Bombay Parsi Panchayat, the Zoroastrian Co-operative Bank, Indian Cancer Research Society, and many others.
Practically all nationalized banks like the Central Bank of India, Bank of Baroda, Bank of India to name a few, engaged the services of Shri. Damania in complicated cases.
He was associated with a number of Unions like Transport and Docks Workers union, Maritime Union, Indian Pilot’s guild, Engineering Mazdoor Sabha, Association of Engineering Worker’s, Cabin Crew Association, Air India and espoused and ventilated their grievances with conviction and sincerity.
Before pursuing a matter in a legal Court, Damania would first always attempt to bring about a compromise between the warring Sections. He would never say “No” to any one seeking his legal aid. He never had a bad word for any one. Even in the worst of situations you would never hear him say “arre” (an exclamation of dismay). No one ever saw him lose his equanimity even in the midst of the most complex case and despite of gravest provocation through pushing and enterprising, he was never petty and small minded. He remained at all times an unassuming, Jovial and friendly person. He was unspoilt by success and uncorrupted by arrogance or concept.
He was a unique Lawyer, loved and respected by the Unions, the Management and the advocates at the Bar. His loving and helping nature attracted everyone in the Bar towards him. He was admired for his court craft. Every judge of the Labour Judiciary, High Court and the Supreme Court recognized his presence and held him in deep respect. He used to argue cases for the union and the management with equal force.
He was so kind, helpful and full of goodwill to all of the Juniors Despite his work load; he always found time reading books, magazines and all the daily papers. He had a photographic memory. A glance at a document was enough for the detailed implications to register with him.
Mr. Damania never believed in the practice of taking work home. He was Meticulous and upto date with his case records maintained by him in his small pocket diary. He took time to view cricket and Tennis matches and listened to Western Classical Music.
He was a lecturer at the Government law college and despite his busy schedule, his doors were always open fro any Junior Advocate to help.
His last appearance, before the Court was in an extremely complicated matter pertaining to the wage structure and ceiling on the dearness allowance in Mazagaon Dock.
Mr. Damania’s contribution to labour jurisprudence is immense. Every labour law journal has citations of cases wherein he’d appeared, either for the workmen or the management. The Apex Court’s decision in the case of Workmen of Firestone Rubber and Tyres of India Pvt. Ltd V/s Management [1973 (1) LLJ. Pg 278 SC] is one example of the case in which Mr. Damania appeared for the Management.
Mr. Damania died on 27th May, 1989 at the B. D. Petit Parsee General Hospital in Bombay following cardiac arrest. He is survived by his Wife Dinoo, daughter Ayesha and sons Shamx and Farzaad.
Mr. K.P.V. Menon
Kappadath Pazhayaveeditil Velayudha Menon, popularly known as K.P.V. Menon was born on 18/09/1932 at Pallathari, Palakkad District, Kerala State. He was the eldest son of late Shri. K.V. R. Iyer and Smt. K.P. Kartiyayini Amma.
His education took place at Pallathari and Elapulli in Palakkad District, Kerala. He passed his SSLC (Tenth Standard) examination in the year 1950.
Late Shri K.P.V. Menon went to Calcutta in search of a job in the year 1951 where he got a job in Cosipur Power Station at Calcutta as a stenographer. While working in Cosipur Power Station, he joined a part-time college and pursued higher education. He passed his B.Com in the year 1955.
In the year 1956, he shifted his base to Mumbai. After coming to Mumbai, he took up jobs in some small companies. Thereafter, he joined the Government law college at Mumbai in the year 1957 and completed his law course in the year 1959. He enrolled himself as an Advocate with the Bar Council of Maharashtra in the year 1960.
Late Shri K.P.V. Menon was a self made man and never depended upon anyone for anything throughout his life. As an Advocate, he never worked as a junior to any Senior Advocate. In his early days of law profession, Shri Menon attended various courts, both Civil and Criminal even though he had no matter in those Courts so as to gain knowledge of the intricacies of the profession. He observed other Advocates conducting the matters in the Courts. He started taking matters for no fees or pittance of fees.
Late Shri Menon, was also an ardent supporter of the Communist Party of India and an active member of the Communist Party of India. He joined the Labour Movement under the banner of Communist Party of India and started organizing the union of workers in diverse fields.
The first Union he organized was that of the domestic workers in the name and style of Gharelu Kamgaar Union, sometime in the year 1960-61. He also organized the employees of various Industrial units throughout Greater Mumbai.
Some of the unions organized by him were that of the employees of
M/s Parke Davis Pharmaceuticals Co. Ltd.;
M/s May and Baker Ltd.;
Ms. Geoffrey Manners Ltd.;
M/s Wyeth Laboratories Ltd.;
M/s Chemical, Industrial and Pharmaceutical Laboratories Ltd. (CIPLA),
All India Handloom Society, to name a few.
Late Shri Menon was an uncrowned king of the employees of the Pharmaceutical Industry in Mumbai and Thane belt. He was the General Secretary of the All India Pharmaceutical Employees Federation for quite a long time. He was also the Vice-President of the Bombay Labour Union, now, Mumbai Labour Union for about 25 years from the year 1973.
Late Shri Menon was a brilliant Lawyer and has appeared in a number of important matters on behalf of the employees not only in the Industrial, Labour Courts and High Court of Bombay but also the Supreme Court of India.
One of such important cases was opposing the marriage clause in the appointment letters issued by the pharmaceutical companies to their female employees, wherein, it is provided that a female employee will lose the job if and when she gets married. Even though he lost this matter in the City Civil Court in Mumbai, still, the theory canvassed by Shri Menon opposing the marriage clause was upheld by the Supreme Court in the case of Mumbai Labour Union v/s International Franchises Ltd., Thane reported in _________________.
Another Landmark Judgement in which Shri Menon appeared is the case of C.N. Bhaskaran v/s S.A Patil and ors. reported in 1984 I LLJ Page 436 (Bom HC) pertaining to the application of Section 38(B) of the Bombay Shops and Establishments Act to the employees employed in Shops and Commercial establishments having less than 50 employees. The Judgement of the Single Judge of the Bombay High Court, which was in favour of the employees, was upheld by the Division Bench of the Bombay High Court (reported in 1986 I CLR Page 313).
Late Shri K.P.V. Menon was a master in the field of Wage fixations. He was one of the few Advocates in Mumbai who had a thorough knowledge of fixation of wages and dearness allowance. He was instrumental in getting better wages, dearness allowance and other service conditions for the employees in almost all the Pharmaceuticals concerns in Mumbai and other small and big companies including Hindustan Lever Ltd., West Coast Paper Mills Company Ltd., etc.
Even as a Lawyer, Late Shri Menon has dedicated his profession to the working class and trade unions. He has never taken up the cases of an employer.
From amongst his excellent skills was the art of cross examination of a witness in the Court. It was just impossible for any witness, of any cadre, to fool him when he stood from cross.
Many a lawyers have been groomed by Mr. Menon, irrespective of whether they belong to his chamber or otherwise. He took special interest in each and every junior and would sit and discuss all aspects of the matter and teach them even by dictating detailed notes as to how they are required to handle the matter including how to lead evidence and cross examine the witness. Almost all his juniors have become independent during his lifetime and is remembered by them even now. A man of kind heart he stood by all his juniors and supported them in every respect.
Shri K.P.V. Menon was one of the founder members of the LLPA, Mumbai. He held the post of a Vice-President of the Association in the year 1983-1984, 1993-1994 and 1995-1996. He was the President of the Association in the year 1987- 1988. It was during his Presidentship of the association, there was a long drawn agitation in the matter of appointment of judges of the Labour and Industrial Courts which culminated into a stoppage of Court work.
Shri K.P.V. Menon became incapacitated to continue in the legal profession and labour movement due to his ill health since 1996. He expired on 07/07/1999.
With the death of Shri K.P.V. Menon, the legal profession has lost a brilliant Lawyer and the working class as a whole lost an ardent trade unionist. He was an institution in himself.
Shri P.D. Kamerkar was born on 7th September, 1920 in a family with judicial background. His father, Shri Dattatreya G. Kamerkar, was a District Judge and had retired as the President of the Industrial Court, Bombay.
Shri Kamerkar participated in the Quit India Movement in the year 1942, suffered imprisonment for one year in 1944 and was also very active in the Trade Union Movement of the country. He was closely associated with Late Achyutrao Patwardhan and other Congress and socialist leaders of those days. He organized several trade unions and had served either as their Secretary or their President.
He was also a Journalist and worked for a Marathi daily ‘Lokmanya’ at Bombay.
Since 1940 to 1950, he worked as a full time activist of the Socialist Party and thereafter, a Praja Socialist Party. He was the founder Secretary of Chemical Mazdoor Sabha and Engineering Mazdoor Sabha.
He was also an agriculturist having his farm near Alibag in Raigad district and was a strong supporter of Save Environment Movement.
Shri Kamerkar joined the Bar in the year 1952 and started his practice from the Labour Court. After some years he joined the High Court Bar and thereafter, he was designated as Advocate, Supreme Court.
Shri Kamerkar played a vital role in the formation of the Labour Law Practitioner’s Association, Mumbai. In the year 1967, Shri Kamerkar became a Founder Treasurer of the LLPA, Mumbai. In the year 1968, he was elected as the General Secretary of the Association and was in the said office till the year 1971. In the year, 1977-1978, he was elected as the President of the LLPA, Mumbai. He was elected to the post of President from 1983 till 1987 of the Federation of the Labour Law Practitioner’s Association.
Mr. Kamerkar was not only a good lawyer but also was a good man who strived to advance the cause of Industrial workers and appeared in different courts to espouse their cause to the best of his ability.
While working in the High Court, he associated himself with many activities beneficial to the public and took the cases of human rights violations. He was a member of the Legal Aid and Advice Committee of Maharashtra since its inception in the year 1978 and was in charge of the High Court Legal Aid Committee.
Mr. Kamerkar represented all that is admirable and noble in this profession. He was intolerant of the oppression and fought for the oppressed. He struggled fearlessly for the justice and was intolerant of corruption and nepotism. He was a crusader and fearlessly fought for his ideals. He never comprised with his principles.
In the bar, Mr. Kamerkar was known as a highly spirited person. He fought courageously many battles to uphold the traditions of not only the bar but also of the bench and fought many Public Interest Litigations successfully such as Poona Empress Garden and the Teachers Pay hike case and will be always remembered as torch bearer to all those who not only practice in Labour Law but also to other Advocates.
Shri Kamerkar was associated with:
National Association For the Blind;
Vidya Vikas Mandal, an educational institution running a Montessori, primary and middle school at Andheri;
Maratha Mandir, Mumbai;
Deccan Education Society, Pune;
Yusuf Meherali Centre, Mumbai;
Agro-Horticulturists Association of Western India, Empress Garden, Pune;
Mumbai Marathi Granth Sangrahalaya, Mumbai.
He is survived by a wife, a son and a married daughter.
Late Shri G.R. Khanolkar
Mr. G.R. Khanolkar was born on 24th March, 1929 at Khanoli at Vengurla in Sindhudurg. He passed M.A. in Economic from Mumbai and did his law from Poona University.
He served in the Government office for some time and as he was identified as communist, he left his job and fully devoted to trade union work. Subsequently, he was trained by Late Mr. K.T. Sule, Advocate under whose training, he conducted cases in Labour matters and took the reigns of Dyes and Chemical Workers Union, Mumbai.
Mr. Khanolkar believed in the deep study and knowledge of financial position of the company as he could read the balance sheet of the different companies very well and this knowledge gave him the strength to negotiate with the employer in equal footing and hence he was respected by the employers.
Mr. Khanolkar did not believe in resorting to strikes and according to him this was the last resort for the workers. He strongly believed in Collective Bargaining and by his bargaining skill which was his strength he got the workers very good working conditions. He always believed in statutory machinery provide under the Labour Laws for resolving the industrial disputes if negotiations failed in the discussion across the table. He believed if industry survived then only worker will survive, hence he had kept balance while negotiating with the employers. He worked selflessly and tirelessly for the genuine interest of the workers and his demise left a vacuum in the trade union filed.
Mr. Khanolkar also played a vital role in the formation of the Federation of Labour Law Practioners Association.
Late Shri Narayanaswamy
Late Shri Narayanaswamy was born in Chikkaballapur in Karnataka State in a poor family which comprised of thirteen to fourteen children. His father impressed upon him at a very young age that education was of the greatest importance in life. He was educated during his school days in different places as his father was ex-government servant with a transferable job. He completed his college education from Maharaja’s College, Mysore obtaining B.A Degree. He thereafter obtained L.L.B degree from a college in Pune, then affiliated to Bombay University.
After qualifying as a lawyer Shri Narayanaswamy started his practice in a District Court in Mysore under Shri Venkatakrishniah, a well known senior lawyer of his time. Within a short span Shri Narayanaswamy was recognized as an upcoming young lawyer with a bright future.
The confines of a small town like Mysore, as it then was, and the limitation of practicing before a sub-ordinate court were anathema to the young lawyer, who desired to join the ranks of the Bar. Shri Narayanaswamy was determined to swim into wider water. He, therefore, decided to go over to Bombay and set up a legal practice there, although he had no godfather in the legal profession to help him out. Heart within and God above he arrived at Dadar station with a silver rupee coin in his pocket and a heartful of ambition. He struggled during the initial year to make his mark known and soon became recognized as an authority on industrial law which was developing fast in those years.
He soon became the standing counsel for the Mill Owners’ Association, Employers’ Association. and cores of employers in the State of Bombay. His fame as an industrial lawyer grew fast and his services were sought after from many corners of the country. He came to be recognized as a senior lawyer of the Bombay High Court and acknowledged expert on industrial jurisprudence. The cases in which he appeared are legal and path breaking.
Apart from the fact that he was a successful lawyer, Shri Narayanaswamy also contributed richly to the social, cultural, educational and religious life of Bombay. He was the President of South Indian Education Society, the National Kannada Education Society, both of which run reputed High Schools and Colleges. He was also President of the Mysore Association which is the social and cultural hub of Kannada speaking people in Bombay.
Mr. Narayanaswamy was the President of the Shankar Mutt in Matunga and spearheaded the religious activities in Bombay. He was also a Trustee and Vice President of the Shanmukananda Fine Arts and Sangeeth Sabha, which is the hub of cultural activity of South Indians in the City. He was also connected with several professional and cultural organizations in different capacities throughout his life.
Shri Narayanaswamy was a well-known figure in the city of Bombay and there was hardly any Kannadiga, who did not know his name and fame. His contribution to the education field is remembered by all the South Indians in Bombay even today.
Shri Naryanaswamy lead a high and full life, helping the needy to get educated for establishing in life. His magnificent contributions to charity were not even disclosed to the family till the end.
Shri Narayanaswamy left behind him a family of eight children and wife and passed away in 1983 on the day of Holi.
Late Shri Farrok Noshirwan Kaka
Shri F.N. Kaka, was born in Hubli, Karnataka, on 6th November, 1929. He studied at St. Mary’s School at Hubli and stood first in his school in the matric examination. He graduated from the karnatak college at Dharwar, with honors in Economics, again standing first in his group. In 1950, he came to Mumbai and studied Law at the Government Law College. After obtaining the LLB Degree and enrolling as an Advocate of the Bombay High Court in the month of October, 1953, he joined the chambers of shri. N.A. Palkhivala, specializing in tax matters. He subsequently specialized in industrial matters also and is considered to be one of the leading experts in Industrial Law in the country. He has appeared in several cases in the Supreme Court of India and in the High Courts of several states.
He was a part-time professor at the Government Law College for three years and also an examiner at the Indian Institute of Banking.
In college, he joined the U.O.T.C. and the National Cadet Corps and also won the best cadet prize. He stood first in the ‘C’ certificate examination of the NCC and rose to the rank of Senior Under Officer within four years.
A keen sportsman, he represented his college in cricket, football and hockey. He was the captain of his college athletic team and represented his University in athletics.
An enthusiastic rally driver, he was member of the only Indian team in the 1968 London-Sydney carathon and was a steward in the Himalayan Rally for a number of years. He enjoyed playing bridge and had won several prizes in Bridge tournaments. He practiced yoga and meditation regularly.
He was the President of the LLPA, Mumbai and has played an important part in the Associations struggle to uphold the independence and integrity of the Industrial Judiciary.
He was the Director of Advani Oerlikon Ltd., Semiconductors Ltd. and a number of other Limited Companies. He was an Honorary member of the Employers’ Federation of India.
He was married to Perviz Kaka and has four sons, Bomsi, Porus, Homi and Noshirwan.
Late Shri G. G. Gawade F.R.A.S. (London)
Late Shri G.G. Gawade was born on 04/04/1904. He passed his matriculation from North-cote High School, Sholapur and then joined Fergusson College, Pune in 1923 from where he passed his inter-science. While in college, he was a Sergeant in the University Training College. His platoon won the efficiency prize of best platoon for two consecutive years. On the death of his father in the year 1925, he was forced to give up the college education and seek selection both for the Bombay City Police Force and the District Police. He was selected for both the forces but chose to join the Bombay City Police Force. He joined the Police Training College at Nasik in 1925.
Shri Gawade topped the list in the Police Training College and thereafter, he served the Bombay City Police Force for about 22 years. During that time, he had handled most of the cause celebre in the city’s crimes. His services were asked for and lent to the Defence Department, Government of India, during the Second World War. In 1943, he was awarded with the Indian Police medal for his outstanding and meritorious services in Investigation and other police work.
His first love was for social work and he had worked for various social, educational and cultural institutions. By 1945, he had founded Maratha Mandir which has now blossomed into one of the foremost social institutions of Maharashtra. He was the founder and Life Member of Maratha Mandir.
Though be had become well-known as a brilliant and outstanding Police Officer with excellent prospects in Police service, his urge for social work made him give up further twenty years of police service with a highly promising Policeman’s career and he took an early retirement in the year 1946. He was drawing pension for about 40 years. However, after the emergency in 1977 when he read about the atrocities committed by the Police on the free citizens of this country, as a protest he wrote to the Government and returned his pension. For this spirited act, number of articles appeared in English and vernacular press approving of his action.
He was the working Partner of Gwalior Oil Mills for six years and in recognition of his expert knowledge in oil, oilseed, trade and technology, the Government of India appointed him as a member of Central Oil Seeds Committee in 1952 and he worked on the said Committee for nearly five years.
He was also the Managing Director of Josef Blum Pvt. Ltd., an Export-Import Firm and he worked in the said Firm upto 1955.
He is the pioneer in the filed of Private Detection and Security Services in India. He started a Company known as Investigation and Detection Services (India) Pvt. Ltd., in 1957. He was the Chairman and Managing Director of this Company which was in the forefront in the field of Private Detectives and security. This field had provided tremendous opportunities of employment to many young intellectuals and by now scores of organizations have come into the filed. Several retired Army Officers and Policemen including few Inspector Generals of Police have started working into his new field and at present all over India these organizations are providing employment to over 2,00,000 persons. These organizations have an Association of their own and it is known as the Association of Investigators and Security Organizations of India. He was the President of the said Association.
He is also considered to be one of the most successful Labour Advisor by the Industrial world. He also founded the company known as Labour Laws and Personnel Services Pvt. Ltd., in 1957. He had the legal acumen and he fought fearlessly the legal battles right upto the Supreme Court. At the same time, he had eminent practical solutions to avoid litigation and maintain atmosphere of co-operation and harmony in the Industrial field. He was the Chairman of this company till his death in 1986. This is the only Organisation of Labor Advisers registered under the Companies Act in India. Its clientele extends to a large number of leading Foreign and Indian Industrial and Commercial houses and groups. He was the President of Labour Laws Practitioners’ Association. He was also the Chairman of Unique Security Services, another Security & Investigation Organisation.
His fifty years interest in astronomy had resulted in his being elected as a Fellow of Royal Astronomical Society of London, which is an unique honour.
He was the President of Vidya Vikas Mandal, Andheri, Bombay which is carrying on very useful educational activities in Andheri including running of a full-fledged High School.
He was President of Akhil Maharashtra Sharirik Shikshan Mandal Malwan, Ratnagiri for several years.
He was taking continuous interest in the cause of Sanskrit language. He was the Vice President of Paschim Bharatiya Sanskrit Vidya Pith Society for some years for the promotion of studies of Sanskrit language. He was also the Vice President of a well-known Institution known as Mumbai Marathi Grantha Sangrahalaya.
He was also the Chairman of Maharashtra Vidyapeeth, Bombay.
He completed 75 years of busy life on 4th April, 1978-79 and the public of Bombay felicitated him on the occasion and presented him with a purse of Rs.75,000/- to which he added a sum of Rs.1,25,000/- of his own and has created a Trust for encouraging education and other work of Maratha Mandir.
His intellect traded well in any field he touched.
He died a peaceful death on 3rd June, 1986, when he was mentally too alert and wishing to do still some more social and educational work.
Late Shri. Gangadhar Dattatraya Ambekar
Shri. Gangadhar Dattatraya Ambekar was born in August, 1907 in a rich and a noble family from B irwadi, a small village near Mahad, in Maharashtra State. He was an Inamdar. His grand-father was the Honorary Magistrate and his father was a Professor of Chemistry in the Agricultural College at Lyallpur in Punjab. Shri Ambekar lost his father when he was only 12 years of age and had to struggle for his education. He was in Ferguson College from 1926 to 1932, where he was known as a scholar. He had a special liking for science and mathematics. Because of the 1930 Movement, he could not appear for his B. Sc Examination but he appeared for the same in 1932 from the Royal Institute of science, Mumbai.
Shri Ambekar, though from a rich family led an ascetic life which was a rare phenomena in the life of educated people. He took very simple food, put on very simple clothes and literally practiced the high principles of plain living and high thinking. He never tried to put labour on the wrong track nor did he give them any false hopes. He was not after cheap popularity. On the other hand, he detested popularity and maintained his distance from public.
During his college days, he came in contact with Shri. Shankarrao Deo, Acharya Bahgwat and Shri Jawdekar at the Ashram at Pimpri. He had decided to work in the Ashram on weekends permanently but in 1938 when Shankarrao Deo selected him for the Labour Movement and deputed him to Ahmedabad for labour training, he had to drop the idea. He joined the training class at Ahmedabad started by certain constructive workers of the Gandhi Seva Sangh with a view to train persons to work in the Labour field. Shri Ambekar was selected for the first batch of training with Shri G. Mapara with a view to take up the work of labour in Mumbai, then Bombay. After his return from Ahmedabad, Shri Ambekar, with the co-operation of his friends Shri Mapara, Shri Athavale and others, laid the foundation of Labour Movement in Bombay based on the principal and teaching of Mahatma Gandhi, viz. Satya and Ahinsa. On account of the failures of the Communist sponsored ‘General Strike’ in 1940 on the issue of ‘Dearness Allowance’ there was complete demoralization among the workers. It was left to Shri Ambekar to bring cosmos out of chaos. It was a Herculean task to remove the Communist influence and his colleagues, however, had to struggle very hard. They had to face many odds in the beginning but ultimately Shri Ambekar came out successful.
Very few people, however, know that Shri Ambekar was first a doctor and then a labour worker. In fact, Shri Ambekar began his activities in Bombay with a Chest of homeopathic medicines, moving on cycle throughout the labour areas helping the poor and needy persons. He was taken as a very efficient consultant. Had he not been dragged into the Labour Movement, we would have surely found him practicing as a good physician among the labour class and he would have made it a mission of his life as he always felt that “service to the laboring class in that direction is the real service”.
Although Shri Ambekar was a sincere Congress worker, he did not like politics to be mixed up with Labour Movement. According to him, “they are two different things which must be kept aloof from each other”.
Shri Ambekar depended mostly on constructive work. On account of this type of work, the Labour Movement in Bombay which was drifting in the vast turbulent ocean under the influence of the Communists was brought to a safe land by the intelligent and foresightedness of Shri Ambekar. Very few people had the knack of successfully handling such a situation as Shri Ambekar did. However trifling a thing may be, he would never give his opinion without studying the pros and cons of the matter. Before presenting a case to the Court, he would collect all possible data for the arguments and ample authorities from eminent authors in support of his arguments. He had a very sharp and retentive memory and no one could help being struck with wonder when he quoted exact references from books which he might have casually read some years ago.
Being a student of mathematics, he was also good at solving intricacies of calculations and even his opponents seldom challenged the results of his calculations. Shri Ambekar had been conducting the Rashtriya Mill Mazdoor Sangh, Bombay very ably and cautiously and it was on account of his intelligent guidance and incessant hard work that the Sangh has attained the present high position of being a representative union in Greater Bombay. Starting with a meager membership of about 500 to 600, the Sangh has reached to the tune of a steady membership of over a lakh. Shri Ambekar was the main architect fro the success of the Sangh.
It was due to the sincere service which Shri. Ambekar rendered to the labour class that he was chosen by the Government to represent the labour of India at the International Labour Conference since 1957.
He was also nominated as a member of the Legislative Council for the State of Bombay successively for two terms.
He was a member of the Working Committee of the India National Trade Union Congress from its inception. He had been elected as the President of the Indian National Trade Union Congress at Nagpur Session (January 1955). He was also the President of India National Trade Union congress, Maharashtra Branch.
He was the President of the India National Textile Workers’ Federation and President of the Association of Engineering Workers’ Assocation of Chemical Workers.
He was a member of the Hindustan Mazdoor Sevak Sangh.
He had been nominated as a Director for the Hindustan Cables Limited.
He was a Director of National Instruments, a Public Sector Undertaking.
As a Director of the Industrial Finance Corporation of India, he worked for nearly six years.
He was of the view that workers should have their own houses. He made successful efforts in forming three co-operative housing societies in Mumbai and provided the houses in them to the workers.
He was the President of Nagarik Sahayak Kendra (Dyaneshwar Vidyalaya, Bombay).
He had started a Kamgar Cooperative Bank in the labour area of Bombay.
Labour being the sole mission of his life, Shri Ambekar had almost denied to himself all other pleasures of life which one would normally expect him to enjoy. Indeed the labour world of Bombay must be proud of having Shri Ambekar as the leader who was thoroughly conversant with the present-day labour problems and had very high sense of duty. He had been the member of Governing Body of the ILO and member of the Executive Board of the ICFTU since 1957 till his death in the year 1964.
Late Shri. Firoz Darasha Damania
Firoz Darasha Damania, 54, leading Senior Advocate on Labour and Industrial Law was “Unpretentious, firm in his convictions, clear in his exposition of law and steadfast in espousing the cause he represented and thus, the man responsible for many noted decisions of the Bombay High Court. Mr. Damania’s roots were in a humble middle class family.
He graduated in Arts from St. Xavier’s College and in law from Government Law College. He enrolled as an Advocate in 1957. Initially, Mr. Damania started out on his legal career as an Advocate assistant with a nominal stipend. Thereafter, he joined as a junior to Mr. Maneck Gagrat, a Senior Practitioner in Labour & Industrial Courts, where was laid the foundation for his Industrial & Labour acumen. From 1965-66 he set up his independent practice handling all branches of litigation, be it matrimonial, commercial or accident claims, but his forte was Labour & Industrial Law. When his work pressure increased, he withdrew from Tribunals & Labour Court and devoted himself to the High Courts and Supreme Court. He was enrolled as a Senior Advocate in the year 1985.
He appeared interchangeably and with no embarrassment both for the industry and the trade unions indicating the confidence reposed in him by his clients.
His reputation at the bar for his honesty, integrity, intelligence and deep knowledge, was even during his life time, legendary. He was soft spoken but straightforward, honest, well-prepared and well determined. He was never rough with the Court despite of (having) suffered an adverse order against him.
Whether it was any of the legal firms like Crawford, Bayley and Company, Mulla & Mulla and Craigie, Blunt of Caroe, Government establishments like the Municipal Corporation, business houses like Buckau Wolf, Travel Corporation of India and Diners Club, medical centres like the B. D. Petit Parsee General Hospital, Masina Hospital and the Indian Red cross society or educational institutions like the Byramjee Jeejeebhoy Parsee Charitable Institution and the Queen Mary school, in times of disputes, it was Damania’s advice that was sought to tide them over an impasse between the management and the employees.
He was rendering honorary services to several Trusts and institutions like the Bombay Parsi Panchayat, the Zoroastrian Co-operative Bank, Indian Cancer Research Society, and many others.
Practically all nationalized banks like the Central Bank of India, Bank of Baroda, Bank of India to name a few, engaged the services of Shri. Damania in complicated cases.
He was associated with a number of Unions like Transport and Docks Workers union, Maritime Union, Indian Pilot’s guild, Engineering Mazdoor Sabha, Association of Engineering Worker’s, Cabin Crew Association, Air India and espoused and ventilated their grievances with conviction and sincerity.
Before pursuing a matter in a legal Court, Damania would first always attempt to bring about a compromise between the warring Sections. He would never say “No” to any one seeking his legal aid. He never had a bad word for any one. Even in the worst of situations you would never hear him say “arre” (an exclamation of dismay). No one ever saw him lose his equanimity even in the midst of the most complex case and despite of gravest provocation through pushing and enterprising, he was never petty and small minded. He remained at all times an unassuming, Jovial and friendly person. He was unspoilt by success and uncorrupted by arrogance or concept.
He was a unique Lawyer, loved and respected by the Unions, the Management and the advocates at the Bar. His loving and helping nature attracted everyone in the Bar towards him. He was admired for his court craft. Every judge of the Labour Judiciary, High Court and the Supreme Court recognized his presence and held him in deep respect. He used to argue cases for the union and the management with equal force.
He was so kind, helpful and full of goodwill to all of the Juniors Despite his work load; he always found time reading books, magazines and all the daily papers. He had a photographic memory. A glance at a document was enough for the detailed implications to register with him.
Mr. Damania never believed in the practice of taking work home. He was Meticulous and upto date with his case records maintained by him in his small pocket diary. He took time to view cricket and Tennis matches and listened to Western Classical Music.
He was a lecturer at the Government law college and despite his busy schedule, his doors were always open fro any Junior Advocate to help.
His last appearance, before the Court was in an extremely complicated matter pertaining to the wage structure and ceiling on the dearness allowance in Mazagaon Dock.
Mr. Damania’s contribution to labour jurisprudence is immense. Every labour law journal has citations of cases wherein he’d appeared, either for the workmen or the management. The Apex Court’s decision in the case of Workmen of Firestone Rubber and Tyres of India Pvt. Ltd V/s Management [1973 (1) LLJ. Pg 278 SC] is one example of the case in which Mr. Damania appeared for the Management.
Mr. Damania died on 27th May, 1989 at the B. D. Petit Parsee General Hospital in Bombay following cardiac arrest. He is survived by his Wife Dinoo, daughter Ayesha and sons Shamx and Farzaad.
Mr. K.P.V. Menon
Kappadath Pazhayaveeditil Velayudha Menon, popularly known as K.P.V. Menon was born on 18/09/1932 at Pallathari, Palakkad District, Kerala State. He was the eldest son of late Shri. K.V. R. Iyer and Smt. K.P. Kartiyayini Amma.
His education took place at Pallathari and Elapulli in Palakkad District, Kerala. He passed his SSLC (Tenth Standard) examination in the year 1950.
Late Shri K.P.V. Menon went to Calcutta in search of a job in the year 1951 where he got a job in Cosipur Power Station at Calcutta as a stenographer. While working in Cosipur Power Station, he joined a part-time college and pursued higher education. He passed his B.Com in the year 1955.
In the year 1956, he shifted his base to Mumbai. After coming to Mumbai, he took up jobs in some small companies. Thereafter, he joined the Government law college at Mumbai in the year 1957 and completed his law course in the year 1959. He enrolled himself as an Advocate with the Bar Council of Maharashtra in the year 1960.
Late Shri K.P.V. Menon was a self made man and never depended upon anyone for anything throughout his life. As an Advocate, he never worked as a junior to any Senior Advocate. In his early days of law profession, Shri Menon attended various courts, both Civil and Criminal even though he had no matter in those Courts so as to gain knowledge of the intricacies of the profession. He observed other Advocates conducting the matters in the Courts. He started taking matters for no fees or pittance of fees.
Late Shri Menon, was also an ardent supporter of the Communist Party of India and an active member of the Communist Party of India. He joined the Labour Movement under the banner of Communist Party of India and started organizing the union of workers in diverse fields.
The first Union he organized was that of the domestic workers in the name and style of Gharelu Kamgaar Union, sometime in the year 1960-61. He also organized the employees of various Industrial units throughout Greater Mumbai.
Some of the unions organized by him were that of the employees of
M/s Parke Davis Pharmaceuticals Co. Ltd.;
M/s May and Baker Ltd.;
Ms. Geoffrey Manners Ltd.;
M/s Wyeth Laboratories Ltd.;
M/s Chemical, Industrial and Pharmaceutical Laboratories Ltd. (CIPLA),
All India Handloom Society, to name a few.
Late Shri Menon was an uncrowned king of the employees of the Pharmaceutical Industry in Mumbai and Thane belt. He was the General Secretary of the All India Pharmaceutical Employees Federation for quite a long time. He was also the Vice-President of the Bombay Labour Union, now, Mumbai Labour Union for about 25 years from the year 1973.
Late Shri Menon was a brilliant Lawyer and has appeared in a number of important matters on behalf of the employees not only in the Industrial, Labour Courts and High Court of Bombay but also the Supreme Court of India.
One of such important cases was opposing the marriage clause in the appointment letters issued by the pharmaceutical companies to their female employees, wherein, it is provided that a female employee will lose the job if and when she gets married. Even though he lost this matter in the City Civil Court in Mumbai, still, the theory canvassed by Shri Menon opposing the marriage clause was upheld by the Supreme Court in the case of Mumbai Labour Union v/s International Franchises Ltd., Thane reported in _________________.
Another Landmark Judgement in which Shri Menon appeared is the case of C.N. Bhaskaran v/s S.A Patil and ors. reported in 1984 I LLJ Page 436 (Bom HC) pertaining to the application of Section 38(B) of the Bombay Shops and Establishments Act to the employees employed in Shops and Commercial establishments having less than 50 employees. The Judgement of the Single Judge of the Bombay High Court, which was in favour of the employees, was upheld by the Division Bench of the Bombay High Court (reported in 1986 I CLR Page 313).
Late Shri K.P.V. Menon was a master in the field of Wage fixations. He was one of the few Advocates in Mumbai who had a thorough knowledge of fixation of wages and dearness allowance. He was instrumental in getting better wages, dearness allowance and other service conditions for the employees in almost all the Pharmaceuticals concerns in Mumbai and other small and big companies including Hindustan Lever Ltd., West Coast Paper Mills Company Ltd., etc.
Even as a Lawyer, Late Shri Menon has dedicated his profession to the working class and trade unions. He has never taken up the cases of an employer.
From amongst his excellent skills was the art of cross examination of a witness in the Court. It was just impossible for any witness, of any cadre, to fool him when he stood from cross.
Many a lawyers have been groomed by Mr. Menon, irrespective of whether they belong to his chamber or otherwise. He took special interest in each and every junior and would sit and discuss all aspects of the matter and teach them even by dictating detailed notes as to how they are required to handle the matter including how to lead evidence and cross examine the witness. Almost all his juniors have become independent during his lifetime and is remembered by them even now. A man of kind heart he stood by all his juniors and supported them in every respect.
Shri K.P.V. Menon was one of the founder members of the LLPA, Mumbai. He held the post of a Vice-President of the Association in the year 1983-1984, 1993-1994 and 1995-1996. He was the President of the Association in the year 1987- 1988. It was during his Presidentship of the association, there was a long drawn agitation in the matter of appointment of judges of the Labour and Industrial Courts which culminated into a stoppage of Court work.
Shri K.P.V. Menon became incapacitated to continue in the legal profession and labour movement due to his ill health since 1996. He expired on 07/07/1999.
With the death of Shri K.P.V. Menon, the legal profession has lost a brilliant Lawyer and the working class as a whole lost an ardent trade unionist. He was an institution in himself.
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