VASUDEVA RAO B K Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this writ petition the petitioner seeks that the order of reference made by respondent 1, the State of Mysore, to respondent 2, the labour court at Hubli, of an industrial dispute between the petitioner, who was the employer as proprietor of Prabhat Talkies, Mangalore, and the workmen of Prabhat Talkies, represented by the secretary, Cinema Mazdoor Sangh, Mangalore, in regard to the retrenchment of the employee (respondent 4). Kesava Devangha, be quashed as also the award by respondent 2, the labour court, on the reference.

(2.) The reference is attached on the ground that previous to that reference, i.e., under S. 10(1) of the Industrial Disputes Act, 1947, the State Government had, after receiving the report of the conciliation officer in regard to the very dispute, taken a decision to the effect that the dispute did not merit reference for adjudication, that the decision had been communicated to the parties concerned and that, therefore after having made and communicated a decision, Government had ceased to have any further power to reopen the matter and make a reference. The reference is also challenged on the ground of inordinate delay which had resulted in a change in the position of the industry and that the belated reference would result in arbitrary interference with the running of the industry. As regards the award consequent on the reference, it is contended that the award resulting from a reference made without authority could no legal effect.

(3.) Contentions have also been urged against the award to the effect that the Cinema Mazdoor Sangh could not represented the workmen of the Prabhat Talkies, that the cause of the employee, Keshava Devangha, had not been taken up by a substantial number of workmen of the talkies, that the workmen had ceased to be a member of the union and that the findings to the effect, that the retrenchment of the workmen was not bona fide and was only by way of victimizing him for his trade union activities, were not sustainable on the material on record.