OSMANSHAHI MILLS LTD Vs. ITS WORKMEN

JUDGEMENT

(1.) This Industrial dispute between the workmen and employers of the Osmanshahi Mills, Ltd., Nanded, was referred to the Industrial tribunal constituted under the Labour Department notification No. I/37/55/30, dated 23 May, 1955, under S. 10(1)(c) of the Industrial Disputes Act, 1947 (XIV of 1947), by the Rajpramukh (Hyderabad) by their order No. I/137/54/(S)/94, dated 30 September 1955. The dispute is regarding the matters specified in Sch. I in respect of workmen mentioned in Sch. II annexed thereto. Schedules I and II are as follows :- Schedule I (1) Whether the suspension and subsequent dismissal of the said workmen is justified ? (2) If not to what relief are they entitled ?

(2.) After the statement of claim and written statements were filed, the Industrial Tribunal, Hyderabad, consisting of Sri B. A. Patel, heard the matter at length and recorded considerable evidence. After the evidence of both workmen and the employers was closed the matter was posted finally on 1 December, 1956 for arguments. In the meanwhile, however, due to reorganization of States, Nanded, where the mill is situated, came to be transferred to the State of Bombay. Sri N. S. Raghavan for the respondent mills at the hearing contended that S. 125 (1) of the States Reorganization Act, 1956, does not cover this case and suggested that the matter be referred to the High Court as provided in Sub-section (2). The question therefore was referred to the High Court under S. 125(2) of Central Act XXXVII of 1956, by the Industrial Tribunal, Hyderabad, for its decision.

(3.) Thereafter under S. 125 of the States Reorganization Act, the proceedings in this dispute stood transferred to me at Bombay as industrial tribunal specified as the corresponding authority under the Government of Bombay notification, Legal Department, No. 25398-B, dated 1 November, 1956, issued under S. 122 of the States Reorganization Act. The papers were, however, received on 17 October, 1957, and admitted on 31 October, 1957. The first hearing thereof was fixed on 28 November, 1957. At the first hearing both the parties filed a purshis that the evidence recorded before the Industrial Tribunal. Hyderabad, may be treated as evidence before this tribunal and that the matter may be proceeded with from the State where it was left undecided. The matter was thereafter fixed from time to time, and was heard on a large number of occasions and had to be adjourned to suit the convenience of the parties. There has been some delay in the disposal of this matter as I had to go on numerous occasions to Nagpur and was also subsequently busy with certain major engineering disputes.