A RAMAN Vs. K N VANI

JUDGEMENT

(1.) By this petition filed under Art. 226 of the Constitution of India, the petitioner union is challenging the legality of the Award dated November 9, 1977 passed by the Industrial Tribunal in a reference made by the Government of Maharashtra, under S. 10(1)(d) of the Industrial Disputes Act (hereinafter referred to as the Act).

(2.) The dispute referred for adjudications was between the respondent mills and five other associations and companies and their workers who were not allowed to resume duty. Respondent Nos. 2 to 7 are Private Limited Companies and form group with common directors and shareholders. The factories of this group of companies are situated at Saki Vihar Road, Powai, Bombay. The head offices of the companies are in Thakarsi House, Ballard Estate, Bombay. The companies have employed 700 workers in the factory, while the staff, both at Powai and the Head Offices consisted of about 170 workers. The dispute, which was referred for adjudication, was in respect of 57 employees of the staff, working both at the Head Office and Factory. The members of the staff had joined the union in January 1974. On January 30, 1974, the Companies retrenched the services of four employees on the ground of scarcity of furnace oil and raw materials. That naturally led to a protest from the union and the management was informed that unless the retrenched workers are taken back in employment, the staff will go on a day's token strike on February 28, 1974. The management did not accede to the demand and the strike followed for a day.

(3.) On March 18, 1974 the union served a Charter of Demands on behalf of the members of the staff. The demands were in respect of conditions of service and also for reinstatement of three workers of the staff who were retrenched in January, 1974. On receipt of the Charter of Demands, the management proceeded to transfer 46 members of the staff from the factory to the Head Office. The distance between the factory and the Head Office being a considerable one, the staff members protested but were ultimately compelled to join the duty at the Head Office. On April 22, 1974, the management proceeded to terminate the service of Shri Francis Vincent, who was a leading member of the Union. The Union protested and demanded withdrawal of the retrenchment notice, but the Company having taken adamant attitude, the staff members went on a pen-down and sit-down strike from April 24, 1974 onwards. The strike continued till May 1, 1974 when the management declared a lock-out from May 2, 1974. Though the union protest against the lock-out, the lock-out continued till May 11, 1974. On that day, the management published a notice on the Notice Board inter alia stating that some of the workers had approached the management requesting to lift the lock-out and permit the workers to enter the factory and the office and the management proposes to do so provided the workers give undertaking in writing duly signed by them. On the lock-out being lifted, the 700 workers joined the duty, but the staff persisted in the demands and claimed that they would join the duty but would not give any undertaking. The management thereupon issued another notice on May 14, 1974, calling upon the staff members to join the duty after giving the undertaking. The third notice was published on May 21, 1974 and the last notice on May 31, 1974. The last notice inter alia stated that if the staff members fail to respond to the notice they shall be treated as having left their services of their respective companies. The Union did not comply with the desire of the management and the Union addressed a letter on June 11, 1974 to the management pointing out that the management was not allowing the members of the staff to join the duties. The notice made a demand on the management that all the members of the staff should be permitted to join the duties forthwith. As the management declined to permit the members of the staff, who were numbering about 170 to resume the duties, the Union approached the Conciliation Officer. At the intervention of the Conciliation Officer, the management took back about 68 employees. Some of the employees had given undertaking and joined the duties. Ultimately in conciliation proceedings 110 members of the staff were taken back in employment. As the Conciliation Officer reported failure in respect of the remaining members of the staff, the reference was made by the Government of Maharashtra in respect of claim of 57 employees. The reference required the Industrial Court to answer the question as to whether the employees, whose names are specified in Annexure A attached to the reference, should be immediately allowed to resume duties without attaching any stigma to them and whether all of them should be paid their full wages with effect from May 7, 1974 till the date they are allowed to resume their duties.