DAHRA DUN TEA COMPANY LTD Vs. LABOUR COURT

JUDGEMENT

(1.) This Is a petition under Article 226 of the Constitution of India by Dehra Dun Tea Company, Ltd., to be referred hereinafter as the petitioner, for the issue of a writ of certiorari to quash the award dated 1 December 1959 made by the presiding officer of the labour court, Meerut, respondent 1, in adjudication cases Nos. 30 and 113 of 1959 and also for the issue of a writ of mandamus to direct respondent 2, the Government of State of Uttar Pradesh, to withdraw notifications Nos. 207 (LO/XVIII-LA-105 (MR)/1958 dated 16 April 1959 and 608 (LC) XVIII-LA-59 (MRS)/1959 dated 17 August 1959 and also to direct respondent 2 not to enforce the award dated 1 December 1959 in adjudication cases Nos. 30 and 113 of 1959. The two notifications referred to above are the notifications under which the State Government referred the industrial disputes to the labour court. No ground has been made out for quashing these notifications. Consequently, this part of the prayer is redundant and in fact had not been pressed.

(2.) Though many grounds have been raised in the petition, the award dated 1 December 1959 was challenged before me on two grounds only: Firstly, it was the duty of the labour court to take into consideration the additional evidence that was before it in recording a finding whether the finding of the domestic enquiry conducted by the management of the petitioner-company was justified or not. Secondly, a joint award in two different cases arising out of two references was illegal and beyond the jurisdiction of the labour court and consequently such award is not enforceable and should be quashed.

(3.) An incident of 20 October 1958 had given rise to disputes between the management and the workmen which necessitated reference of the industrial dispute to the labour court, Meerut. The management dismissed twelve workmen and suspended another seven for a period of four days. On 8 December 1958 the general secretary of the Chai Bagh Mazdoor Union, Dehra Dun, moved an application alleging that an industrial dispute had arisen between the Harbanswala Tea Estate belonging to the petitioner-company and its employees. The complaint was with regard to dismissal of twelve workmen, praying that a conciliation board be constituted for settlement of the said dispute. Conciliation proceedings were taken but no settlement was arrived at and subsequently the Governor of Uttar Pradesh referred the dispute to the labour court, Meerut, by notification No. 207 (LC) XVIII-LA-105 (MR)/1958, dated 16 April 1959, for adjudication of the following, matter of dispute: Whether the employers have wrongfully and/or unjustifiably terminated the services of the workmen, mentioned in the annexure with effect from 21 November 1958? If so, to what relief are they entitled ? The said reference was registered as adjudication case No. 30 of 1959. Oral and documentary evidence was led by the parties in this case and by the time the second reference was made the case was ripe for making the award.