KRISHNA JUTE MILLS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Appealagainst the judgment of Sriramulu, J., sitting, single, in Writ Petition No. 5490 of 1972, arises under the following circumstances : The petitioner, "Sri Krishna Jute Mills," is a jute factory which was Set up at Eluru for the manufacture of jute gunnies and twine. For this purpose, it engaged a large number of workmen. Two unions of workmen of the petitioner-jute mill have been formed; one is Jute Labour Union, which is registered under the Trade Union Act and the other is Jateeya Jute Karmika Sangam, which represents certain categories of workmen. On 16th September, 1968, in connection with certain matters arising out of the working of the petitioner factory, rioting took place, which resulted in the murder of one of the workers of the petitioner-factory. Respondents 4 to ro herein were prosecuted for' the murder of the said workman. They ware convicted by the Sessions Jude, Eluru, in Sessions Case No.37 of 1968 and sentenced to various terms of imprisonment. Appeals against those tentences were dismissed. On completion of their jail sentence, respondents 4 to 10 Were released from jail. The petitioner-factory framed charges against respondents 4 to 10 on the basis of their convictions for the death of a co-worker. After conducting an enquiry, the petitioner-factory dismissed respondents 4 to 10 from service.

(2.) Respondents 4 to 10 approached the Conciliation Officer in the matter of their dismissal from service. As there was a failure of conciliation, the Conciliation Officer sent a report of failure of conciliation proceedings to the Government. By their letter dated 7th October, 1970, the Government held that the discharge of respondents 4 to 10 was effected after holding a domestic enquiry and after giving full opportunity to the dismissed workmen and that it did not amount to double punishment, one by the Criminal Court and the other by the petitioner-factory in respect of the same matter. The Government, accordingly, held that it was not a fit case to make a reference to the Labour Court

(3.) Nearly two years later i.e., on 12th September, 1972, one A. Sreeramulu, a number of the Legislative Assembly, addressed a letter to the State Government and, thereafter, the State Government issued an order, G.O.Ms. No. 1380, Home (Labour-I) Department, dated 3oth September, 1972, referring the dispute in regard to the dismissal of respondents 4 to ro from service to the labour Court. The dispute referred to the Labour Court, Guntur, for adjudication was whether the discharge of the workmen (respondents 4 to 10) from service by the management was justified and, if not, to what relief the workmen were entitled. After the order of reference was issued, the petitioner-factory challenged the order of the Government making the reference to the Labour Court, by filing Writ Petition No. 5490 of 1972. That writ petition was heard by Sriramulu, J., sitting single and by his order dated 16th January, 1975, Sriramulu,, J., held that the reference was proper and that there did exist an industrial dispute between the workmen and the management. He, therefore, dismissed the writ petition with costs. The learned single Judge directed the Labour Court to adjudicate upon the reference after giving opportunity to both the workmen and the management and within a reasonable time. Against that decision of Sriramulu, J. the present writ appeal has been filed.