NATARAJAN T R Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution challenging the validity of an order dated 8 February, 1961, whereby the State Government held that there was no case for referring the dispute (which is referred to in this petition) for adjudication by an industrial tribunal. The order was made under the provisions of S. 12(4) of the Industrial Disputes Act, 1947.

(2.) It is unnecessary to refer to all the facts as mentioned in the pleadings in this case. The short facts leading to this petition are as follows : The first petitioner is a workman employed with the Automobile Products of India, Ltd., being respondent 2. Petitioner 2 is a union of workmen. At all material times 302 workmen of respondent 2 company were members of petitioner 2 union. On 9 July, 1960, petitioner 2 submitted a charter of demands of the workmen to the respondent 2 company. In that connexion, petitioner 2 terminated a prior agreement dated 13 August, 1956, made between respondent 2 company and the Automobile Manufacturers' Employees' Union.

(3.) Before the demands made on 9 July 1960 by petitioner 2 union were referred to conciliation proceedings, the other union, viz., Automobile Manufacturers 'Employees' Union made an agreement dated 30 July, 1960 under S. 2(p) of the Industrial Disputes Act, 1947, with respondent 2 company. Admittedly, on that date, 419 workmen of respondent 2 company were members of the Automobile Manufacturers 'Employees' Union. The total strength of workmen in that company was 1,228. Admittedly, the agreement dated 30 July, 1960 deals with several matters which were subject-matter of charter of demands submitted by petitioner 2 to the company.