WORKMEN OF THE COIMBATORE DISTRICT CO Vs. SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND EMPLOYMENT, GOVERNMENT OF TAMIL NADU, MADRAS, AND ANOTHER

JUDGEMENT

(1.) The employees of the Coimbatore District Co-operative Central Bank, who were the members of the appellant-union, issued a strike notice and struck work from 17 April 1972, on the ground that certain of their demands had not been met by the management. The management took disciplinary proceedings alleging various acts of misconduct and issued a charge memo against 76 workmen. The acts of misconduct alleged against the workmen, for which the show-cause notice was issued, were

(2.) At the outset it is to be mentioned that out of the 76 workers, against whom disciplinary proceedings were taken, as found by the Government 23 were holding positions in a supervisory capacity and, therefore, they are not workmen within the meaning of that word under the Industrial Disputes Act and the dispute between them and the management, therefore, cannot be considered to be an industrial dispute and the declining by the Government to refer the dispute in respect of these 23 persons cannot be interfered with in 'his writ petition. It may also be mentioned that there is no evidence to show that they are not holding positions of supervisory character nor is there any specific allegation in the affidavit that they were not holding positions of supervisory character and are workmen and hence the order declining to refer the dispute between them and the management is in no way illegal. Therefore, this judgment relates only to the 53 persons whose names are given in the annexure to the Government order.

(3.) Number of cases have been cited at , the Bar relating to the scope of the jurisdiction of the Government under S. 10 of the I Act in referring or refusing to refer an industrial dispute for adjudication. We are not referring to these cases which related to the dismissal or removal or other termination covered by S. 2A because the discretion vested in the Government under S. 10 in regard to that dispute has been considerably restricted, in view of the decisions of the Supreme Court in Bombay Union of Journalists Vs. State of Bombay [A.I.R. 1964 S.C. 1617] , Workmen of Syndicate Bank, Madras Vs. Government of India and another [1985-I L.L.N. 589] , Ram Avtar Sliarma and others Vs. State of Haryana and another, [1985 - II L. L. N. 280] and Balakrishnan Vs. Government of Tamil Nadu and another [1987 - I L.L.N. 580] (decision of one of us - V. Ramaswami, J.)