PEERAJADE HUSENSAB MOHADIN Vs. COMMISSIONER OF LABOUR

JUDGEMENT

(1.) <DJG>B.M.Kalagate, J.</DJG> In this petition under Art. 226 of the Constitution, the petitioner prays that the order, respondent I may be quashed. By that order, respondent I dissolved the Works Committee constituted for the Gokak Mills Ltd. i.e. respondent 2, and directed the said Mills to reconstitute the Works Committee in accordance with his Department's Notification no. T. 8/PR-86-61-62, dated the 5th January,1962, and the Industrial Disputes (Mysore) Rules, 1957. He also directed the management to give particular attention to the publication of Voters list and rectify other defects before conducting the elections to the Works Committee.

(2.) Respondent 2, which is under an obligation under section 3(I) of the Industrial Disputes Act, 1947, to constitute a Works committee consisting of representatives of employers and workman engaged in the establishment, issued a notice on 21st September, 1962 for the constitution of the Works Committee and therein it was mentioned the five workers had to be elected for the five constituencies stated therein, one seat having been assigned to each constituency. Workers were further informed to submit their nomination forms on or before the 29th September 1962.Their attention was drawn to the provisions regarding the qualifications of candidates for election and the qualification of voters.

(3.) By a further notice, dated the 29th September 1962, the workers were reminded that the last date for filing the nomination was Saturday the 29th September 1962 and that the nomination papers should be filed by 5 p.m., that day in the Labour office. They were further informed that the scrutiny of the nomination papers would be done on Sunday the 30th September 1962 at 10 a.m., in the Labour Office in the presence of the candidates nominated and the latter was advised to be present in time. The attention of the Loom Workers was specifically drawn to the fact that they were included in Doubling, the Winding and Reeling constituency.