MCLEOD AND CO Vs. SUNIL KUMAR ROY CHOWDHURY

JUDGEMENT

(1.) In the year 1953, when certain industrial disputes were pending between the petitioner company and its workmen, before the first industrial tribunal, the petitioner company applied under Section 33(1) of the Industrial Disputes Act for permission to retrench 66 employees of clerical and subordinate grades of its office, on the ground that they had become surplus to the requirements of the petitioner company. At the hearing of the application for permission, the petitioner modified its prayer and wanted to retrench only 46 of the employees. The tribunal permitted the petitioner to do so. Respondent 2, workman of the petitioner company represented by the McLeod's Indian Employees' Association (hereinafter called the union), appealed to the Labour Appellate Tribunal against the order and the Appellate Tribunal remanded the matter to the Industrial tribunal only in respect of thirty members of the clerical staff, in respect of whom the petitioner had obtained permission to retrench, with the direction that the principle of "last come, first to go" should be observed in disposing of the matter. It is not necessary for me to refer to the proceedings before the tribunal after the remand, in this rule, excepting that while the dispute as to the retrenchment became limited to only sixteen workmen, there was a settlement between the petitioner company and the union, whereby it was agreed that the petitioner company would not press for retrenchment of seven of them, provide for temporary work in respect of three after retrenchment and the remaining six, including respondent 1, would be retrenched but provided with employment as and when vacancies occur.

(2.) Over the settlement there was difference between respondent 1 and the union and ultimately, on 28 January 1954, respondent 1 wrote to the secretary of the union the following letter:

(3.) He also filed a petition before the tribunal on 29 January 1954, stating that he did not want to be represented by the union and praying that he be permitted to represent his own case himself.