WORKMEN OF GOVERNMENT SILK WEAVING FACTORY MYSORE Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL BANGALORE

JUDGEMENT

(1.) These two appeals, by certificate, are directed against the common order dated November 17, 1967, passed by the Mysore High Court dismissing Writ petitions Nos. 627 and 650 of 1966.

(2.) We will briefly refer to the facts leading up to the filing of the Writ Petitions by the appellants. Disputes having arisen between the workmen and the management- regarding emoluments, transfer of. termination of services of and suspension of certain workmen, the State Government by its order dated October 23, 1965, referred the same for adjudication to the Industrial Tribunal, Bangalore. These disputes were registered by the Tribunal as I. D. Nos. 40 and 47 of 1965. There was rivalry between two groups of persons for the office bearership of the union, which had been registered under the Trade Union Act. Sannaiah represented one group and claimed to be the President of the union; while respondents 3 to 9 herein claimed to be the office bearers of the union. These respondents 3 to 9 represented the rival one group. The 4th respondent, Rangaiah, filed a suit, O.S. No. 962 of 1965, on the file of the First Munsiff, Mysore, against Sannaiah and certain others for a declaration that he was the Vice-President of the union and respondents 3 and 5 to 9 were the duly elected office bearers of the union. An application filed by Rangaiah for an interim injunction restraining Sannaiah and his group from functioning as office bearers was dismissed by the Munsiff on January 10, 1966. Even before the Tribunal, where the disputes were being adjudicated, these rival groups claimed to be the office bearers and as such eligible to represent the workmen. Claim statements were filed on behalf of the workmen by these rival groups.

(3.) In view of the rival claims made by the two groups, the Tribunal directed the leaders of both the groups to adduce evidence in order to ascertain who are the real office bearers competent to represent the workmen under Section 36 of the Industrial Disputes Act, 1947 ( hereinafter to be referred to as the Act) and posted the cases to February 11, 1966, for evidence. Sannaiah relied on the order of the Munsiff declining to grant an injunction against him as asked for by Rangaiah. On that day, respondents 3 and 4 and others claiming to represent the workmen of the factory and the General Manager of the factory presented before the Tribunal a memorandum of settlement regarding the various items in dispute between the parties. Both the managment by Basavaiah, prayed for awards being made in I. D. Nos. 40 and 47 of 1965 in terms of the settlement. On that day, the Tribunal recorded evidence regarding the settlement and after hearing arguments closed the proceedings and reserved orders. On February 17, 1966, Sannaiah sent an application to the Tribunal praying that the settlement filed before it by the management and the other group of workmen should be rejected. The Tribunal ignored the objection raised by Sannaiah and passed the awards in both the disputes on March 17, 1966, in terms of the settlement filed before it on February 11, 1966. These two awards were challenged by Sannaiah on the ground that the awards were illegal and that the settlement filed before it on February 11, 1966, was not one entered into according to law. The claim was that there had been no proper representation of the workmen in the settlement proceedings and that respondents 3 to 9 and the management had colluded to bring about this settlement which was detrimental to the interest of the workmen. The High Court rejected all the objections raised by the appellant about the validity of the awards and hence these appeals.