MINERAL INDUSTRY ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition moved under An 226 of the Constitution of India the petitioner challenges an order of the Central Government issued on 19-4-1961 making a reference to the Industrial Tribunal. Bombay. A dispute between 23 manganese mine-owners in the States of Maharashtra and Madhya Pradesh on the one hand and their workmen on the other hand was referred to the Industrial Tribunal under the powers conferred on the Central. Government by Cl. (d) of sub-section (1) of section 10 of the Industrial Disputes Act 1947. It is not disputed that though reference was made as far back as in 1961 there has been no progress with the reference although neither the Industrial Tribunal nor the parties concerned were restrained by any court order from proceeding with the reference. After a lapse of almost 10 years specially when no steps have been taken by any of the parties to proceed with the reference, it cannot be denied that the reference is wholly infructuous. All the same that no such reference could be made in the circumstances leading to the issue of the notification dated 19-4-1961 is a matter which is still agitated by the petitioner.

(2.) The petitioner Is a company registered under Section 26 of the Indian Companies Act. 1956 and represents various manganese mine owners of the country, including 20 mine owners in the States of Maharashtra and Madhya Pradesh who have been mentioned as the employers in the Impugned notification. These mine owners are members of the petitioner-company Its objects, Inter alia, include promotion of good and cordial relations between its member mine owners and their employees by negotiations etc. as also to take necessary legal proceedings on behalf of its members to protect their interests.

(3.) The petitioner contends that on behalf of its member mine-owners. particularly the 20 mine owners whose interests the petitioner seeks to represent in the present writ petition, it entered into separate identical agreements on various dates in November, 1957 on behalf of its members with four trade unions including the trade union mentioned in the Impugned notification to settle long standing disputes between the individual mine owners and their employees in respect, of rates of wages, bonus etc. This agreement was implemented for about two years but. it is alleged on account of deterioration in the managanese industry the managanese mine owners could not continue to pay the agreed bonus Accordingly the said agreements were terminated with effect from 30-11-1959 by notices issd to the four trade unions A fresh notice was thereafter given under Sec. 9-A of the Industrial Disputes Act on 4-11-1959 and a second agreement was arrived at between the petitioner as representing the. mine owners and the trade union. This second agreement was given retrospective effect from December, 1959 and was entered into only by the Rashtriya Manganese Khadan Prantik Kamgar Sangh, one of the trade unions out of the original four trade unions because the other three trade unions did not even come forward for negotiations. It is alleged that the trade union which signed the agreement represented the majority of the employees in the industry. This second agreement provided for constitution of a joint consultative committee consisting of the representatives of the Mineral Industry Association as representing the mine owners and the representatives of the said trade union to settle by discussion all disputes that may arise between the employers and the workmen and farther provided that the decision of the joint consultative committee would be binding on both parties. It was also mutually agreed that the question about payment of bonus will be mutually discussed by the parties among themselves from time to time depending upon the conditions of the manganese industry. In a meeting of the joint consultative committee held on or about 14-6-1960 and some correspondence that ensued thereafter between the petitioner and the trade union it was agreed that the question about the payment of bonus in terms of the second agreement be referred to the arbitration of one Shri G. S. Ahluwalia, the then Regional Labour Commissioner (Central), Calcutta who had even on earlier occasions taken keen interest in the negotiations between the parties and was supposed to have intimate knowledge of the conditions of this industry. Accordingly, a letter dated 22-8-1960 was addressed by the petitioner to the Hon'ble Minister in the Ministry of Labour and Employment of the Government of India requesting that the services of Shri Ahluwalia be made available to act as arbitrator. This request was acceded to. Thereafter consent of Shri Ahulwalia was also obtained to act as an arbitrator. On 14-10-1960 an arbitration agreement as required by Section 10-A of the Industrial Disputes Act, 1947 duly signed by the petitioner on behalf of the employers concerned and the Rashtriya Manganese Khadan Prantik Kamgar Sangh, on behalf of the employees was forwarded to the Central Government By its letter of 2-11-1960 the Central Government pointed out certain discrepancies in the arbitration agreement sent to it which were as follows: