JHAGRAKHAN COLLIERIES PRIVATE LIMITED Vs. G C AGRAWAL PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRTAL TRIBSNAL CSM LABOUR COURT JABALPUR

JUDGEMENT

(1.) -This appeal by special leave is directed against the judgment, D/- 4-8-1971 of the Madhya Pradesh High Court, whereby the appellant's Writ Petition under Articles 226 and 227 of the Constitution was dismissed.

(2.) The appellant is the Jhagrakhan Collieries (P) Ltd., a Company incorporated under the Indian Companies Act. The Company owns three collieries in Jhagrakhan in Surguja District of Madhya Pradesh. These collieries employ over 4,200 workmen. At the relevant time there were three Trade Unions functioning at the collieries, namely, (1) Madhya Pradesh Koyla Mazdoor Panchayat (for short, the 'Panchayat'); (2) Azad Koyla Shramik Sabha (for short, the 'Sabha'); (3) Madhya Pradesh Colliery Workers' Federation (for short the 'Federation').

(3.) At the material time, the Panchayat according to the allegations of the Company, had about 75 per cent of the workers on its rolls. The Union conducted a complete strike for 57 days in the months of March and April 1968 at the collieries. The Central Wage Board for Coal Mining Industry by its award recommended payment Variable Dearness Allowance (for short, V. D. A.), correlated to the cost of living index prevailing from time to time. The Company accepted these recommendations. The workers represented by the various Unions; on the basis of the Wage Boards award demanded V. D. A. at the rate of Rs. 1.47 per day with effect from April 1, 1968 while the company was paying it at the rate of Rs. 1.11 per day. The company refused to pay more than Rs. 1.11 per day. Thereupon, in December 1968, the Federation, which had a membership of 169 workers (Respondents 4 to 173 herein) made an application .before the Central Labour Court-cum-Industrial Tribunal Jabalpur (for short, the Labour Court) under Section 38-C (2) of the Industrial Disputes Act (for short the 'Act') for determination of the amount of V.D.A. due to the workers. The Company submitted its written statement on May 13, 1969, challenging the jurisdiction of the court and raised other legal objections.