S N HADA Vs. BINNY LTD

JUDGEMENT

(1.) The question of law that needs our decision, reads thus :-

(2.) S. N. Hada and others have filed these petitions for the quashing of the order No. IAA/CR-217/81-82, dated 11th May 1982 passed by the Labour Commissioner - third respondent (Annexure-J) as being illegal and void. The Commissioner of Labour by virtue of his order, which has been impugned in these petitions, has granted permission to the Binny Mills Staff Association to prosecute the management of M/s. Binny Limited (The Bangalore Woolen, Cotton and Silk Mills Co., Ltd.), Bangalore, for violation of some of the terms of agreement dated 8th of December 1980 (Annexure-G). When the petitions came up for hearing before a learned Single Judge of this Court, a contention was raised on behalf of the petitioners that no permission could be granted to a private individual or trade union to lodge a complaint under Section 34 of the Industrial Disputes Act (hereinafter referred to as the Act). In other words the contention sought to be raised before the Learned Single Judge was that Section 34, which reads as under :

(3.) On the other hand the learned Counsel for the State had submitted that a complaint could be lodged by a private person with the previous permission of the Government or the authority named as the case may be. In support of his contention reliance had been placed on a single Bench Judgment of this Court in K. Pundarika Aithal v. Allampolli Venkataram 1974(1) KLJ 85.