GWALIOR RAYONS Vs. LABOUR COURT

JUDGEMENT

(1.) CERTAIN interesting questions in Industrial law have arisen for consideration in this writ petition.

(2.) THE management of a Joint Stock Company which has got its registered office in Madhya Pradesh, but which has got a Rayon Grade Pulp Plant and Paper Mill in Mavoor in Kazhikode District of Kerala State, challenges in this petition the legality and validity of the award of the Labour Court, Kozhikode in Industrial Dispute No. 12 of 1976 before that Court. The dispute which was between the petitioner and their workmen represented by the Gwalior Rayon Pulp Factory Employees' Union, Mavoor was referred to the Labour Court by the Government of Kerala as per their proceedings dated 9-10-1967. The dispute referred was as regards the termination of services of six employees of the company-1. Kannan Menon, 2. Kunhiraman, 3. Viswanathan Nair, 4. Ramachandran Nair, 5. Man Singh and 6. Kunhiraman Nambiar.

(3.) THE petitioner-company had acquired with the previous permission of the Government 30,000 acres of private forests, for the purpose of meeting the raw material requirements of the Rayon Grade Pulp Factory. In granting permission for such acquisition, one of the conditions imposed by the Government was that the forests were to be developed into an eucalyptus plantation in accordance with a time-bound programme which was scheduled to the approved working plan. The petitioner had organised its labour force for the protection of its acquired forest area from poachers and smugglers and also for plantation of eucalyptus trees in different areas after clear felling the areas. A field office, for this purpose was established at Nilambur under the control of an officer designated as Chief Administrative Officer, Amongst the employees appointed in consequence, one Sri M. Kannan Menon was one of the Assistant Protection Officers, Sri P. Kunhiraman and Sri M. K. Viswanathan Nair were Assistant Supervisors (Protection) and M/s. P. Ramachandran, Man Singh and P. Kunhiraman Nambiar were watchmen. Their duty was to protect an area called "kootil Para" from smugglers and poachers and to detect any illicit fellings in the said area. They had to submit weekly diaries of their activities in discharge of their duty.