IVIANIPAL PRINTERS AND PUBLISHERS LIMITED, MANIPAL Vs. WORKMEN OF MANIPAL PRINTERS AND PUBLISHERS (PRIVATE) LIMITED, UDUPI, DAKSHINA KANNADA AND OTHERS

JUDGEMENT

(1.) The case involved herein has chequered history. It relates to an industrial dispute between the appellant-company and its workmen. The establishment of the appellant-company is located at Manipal in the district of Mangalore. But, as admitted by both the appellant and its workmen since the dispute related to the matter specified in the Third Schedule to the Industrial Disputes Act, 1947 (in short, the 'Act'), it could have been adjudicated only by the Industrial Tribunal subject to the enabling provision contained in the proviso to Sec. 10 of the Act which empowers the State Government to refer the dispute even to a Labour Court provided that the dispute is not likely to affect more than one hundred workmen.

(2.) The present dispute had arisen in 1983. At that time, there was only one State Industrial Tribunal with sitting at Bangalore. Since the State Government did not find it expedient to invoke its powers under the first proviso to Sec. 10 of the Act. By its order dated 10-1-1983, the Government referred the following Industrial Dispute arising between the parties for adjudication to the Tribunal at Bangalore.

(3.) It has been brought on record that despite the above direction by this Court, the proceedings could not be concluded because of the dilatory methods adopted by the management as has been discussed by the learned Single Judge.