MANAGEMENT OF CHARAK BHANDAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) In these Petitions the Petitioner-the Management of the Charak Bhandar, Evergreen Industrial Estate, Bombay has questioned the legality of the reference made by the State Government under Section 10(1) of the Industrial Disputes Act as also the two orders of the Labour Court made on preliminary issues.

(2.) The facts of the case in brief are as follows : The Petitioner is a partnership firm and is an industry as defined under Section 2(k) of the Industrial Disputes Act (shortly the Act). Respondents-2 and 3 were engaged as commission agents and medical representatives in this State. Their services were terminated by the Petitioner with effect from 27-5-1974. Aggrieved by the order of termination respondents-2 and 3 raised an industrial dispute before the Conciliation Officer. As there was no agreement between the parties a failure report was submitted to the State Government. Thereafter the State Government by an endorsement dated 4-3-1977 (Ex. A) refused to refer the dispute. Thereafter the State Government made an order dated 2-7-1977 (Ext-B) by which the dispute was referred for indust-rial adjudication. In the reference the Petitioner raised two preliminary objections. One of the objections was that as the Petitioner was an industry situated in the State of Maharashtra and it had no branch office in this State even if there was an industrial dispute the appropriate Govern-ment which was competent to make the reference was the Government of Maharashtra and not the Government of this State. Another objection raised by the Petitioner was that the State Government could not have referred the question as to whether respondents-2 and 3 were workmen, for industrial adjudication for the reasons, that unless the Government was of the view that Respondents-2 and 3 were workmen there would be no industrial dispute and there-fore there was no competence on the part of the State Government to make reference, under Section 10(1) of the Act. Both these preliminary objections were rejected by the orders dated 31-3-1979 (Ext. C) and 19-12-1978 (Ext. D), by the Labour Court Thereafter the Petitioner has presented this Petition, not only questioning the legality of the aforesaid two orders of the Labour Court, but also the reference itself.

(3.) Sri B.C. Prabhakar, Learned Counsel for the Petitioner urged the following contentions :