KHADER MOHIDEEN BR Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS is a petition under Art.226 of the Constitution to issue a writ of certiorari calling for the records in I. D. No. 23 of 1958, on the file of the Industrial Tribunal, Madras, and quashing the order therein dated 12-6-1958. In March 1954 the petitioner, which is a firm of partners carrying on business in the name of Express Beedi Factory, Gudiyattam, in the North Arcot District, established a beedi factory at Gudiyattam for the manufacture and sale of beedies.

(2.) THE management employed about 55 workers. The system adopted was to distribute beedi leaves to the workers who subsequently rolled beedies. The workers were paid on the piece work basis. In the beginning of the year 1955, disputes arose between the management and the workers in regard to quality and quantity of the beedi leaves distributed. But those disputes were settled. The settlement did not, however, achieve its object. It was harbinger of fresh demands and disputes, and the matter came to head on 26th March 1958, when the management declined to meet the demand for Ramzan advance sponsored by the workers Union. The workers, who had entered into the factory, staged a stay in strike, and refused either to work or quit the factory premises. Matters appear to have assumed a more serious turn on the following day. The partners of the petitioner firm, who were living close by the factory, had to leave their houses with their families. Having regard to the deteriorating condition of the relationship between the workers and the management, the latter decided to close the factory. On that date, the management put up notice to the effect that, because of the hostile and intransigent attitude taken by the workers, the management was forced to close down the factory. It is admitted that, since then, the factory has remained closed in the sense that no industrial process was carried on there. The workmen, who were in occupation of the factory since 26th March 1958 did not leave it till 38th April 1958. The goods in the factory had to be removed by the management with the aid of police. On 18th April 1958, a settlement appears to have been arrived at between the parties whereby, it was agreed that each worker was to be paid a sum of Rs. 22-8-0 as compensation, and that the workers on their part should call off the stay in strike and vacate the factory. In the meanwhile on 1st April 1958 the Labour Officer made a report to the Government about the demands made by the workers. By G. O. Ms. No. 1605 dated 28th April 1958, the Government being of opinion that an industrial dispute had arisen between the workers and the management of the Express Beedi factory, Guliyattam, referred the following questions for adjudication by the Industrial Tribunal, Madras: 1. Whether the refusal of the management to give leave to the workers from 26-3-1958 is justified and to what relief they are entitled

(3.) WHETHER the non-employment of L. Wahab Khan and T. Arumugham from 15-12-1957 is justified and to what relief they are entitled.