BHARAT ELECTRONIC EMPLOYEES UNION Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner, Secretary, Bharath Electronic Employees Union, Jalhalli, Bangalore, prays for the quashing of an order of the State Government dated 27th December 1965, declining to refer an alleged industrial dispute for adjudication and for the issue of a writ of mandamus to the State Government directing them to refer the said dispute under S. 10(1) of the Industrial Disputes Act.

(2.) The subject matter of dispute was a disciplinary order made by the Management withholding increments with cumulative effect for a period of one year of two employees by name Sharavathi and Rangaswamy. It appears that the said two employees and four others were served with charge-sheets by the Management for the alleged misconduct of inciting, total down strike'. All the six employees mada identical replies denying the charge. The above named two employees were punished with the stoppage of increments as stated above. So far as the other four employees are concerned, only a warning was administered. Taking the view that the administration of a more severe punishment on the said two employees alone was motivated by the fact that they were office-bearers in the Union, the union adopted a resolution requesting the Management to withdraw the punishment. Because it did not have the desired effect, the question was raised as a dispute and conciliation proceedings were initiated. The conciliation officer, it appears, suggested to the Management that in the interest of industrial peace, they might consider the desirability of waiving the punishment and alternatively that parties may agree to voluntary arbitration under S. 10A of the Act. As the Management did not accept either of the suggestions, conciliation proceedings failed and the Conciliation Officer made a report to that effect to the Government under sub-section (4) of S. 12 of the Act.

(3.) The petitioner moved the Government for making a reference for adjudication in view of the failure of conciliation proceedings.