SOUTH EASTERN RAILWAY EMPLOYEES CO OPERATIVE URBAN BANK Vs. PRESIDING OFFICER 1ST INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This appeal is preferred by the petitioner (referred to as the appellant) against a judgment and order of dismissal of the Writ petition in the circumstances substantially as follows:

(2.) The appellant South Eastern Railway Employees Co-operative Urban Bank Ltd. was registered as a Co-operative Society under the Bengal Co-operative Societies Act, 1940 with the object of carrying on banking business mainly in lending its funds to its members and providing facilities for mutual aids among members. By a resolution on February 23, 1957 the rules of the South Eastern Railway regarding the working hours among other things of the employees of the Society which were at the material time from 10.30 a.m. to 5 p.m. on all week days and from 10.30 a.m. to 2 p.m. on Saturdays were adopted. Subsequently this working hour of employees of the Bank was increased to extra half an hour with the proclamation of the Emergency some time in 1962 in conformity with railway working hours. Thereafter on or about July 29, 1963 the Bank declared second Saturdays of each month as holidays and full working day on the remaining Saturdays in keeping with the Government of India's decision applicable to Government offices including the railways. Although the employees in obedience to these directions continued to work for extra half an hour and also on each of the Saturdays excepting second Saturday each month for full days, the matter was referred by the employees through their Union to the Labour Commissioner evidently for a conciliation under the Industrial Disputes Act, 1947. The Labour Commissioner asked the management of the Bank by its letter dated July 31, 1963 to maintain the status quo. But in reply by a letter dated August 9, 1963 the Bank pointed out that decision to enhance the working hour was inter alia to fall in line with the railway offices as the service conditions applicable to railway staff were followed for the bank staff. Eventually, this dispute between the Co-operative Bank and its employees was taken up by the Government of West Bengal and by its order dated January 10, 1964 the dispute was referred to for adjudication by the First Industrial Tribunal on the issue as to:

(3.) The Tribunal upon this issue held that it had jurisdiction to decide the dispute as an industrial dispute on the view, firstly, that it did not touch the business of the Bank and secondly in any case under the provisions of the bye-laws no question of exclusive jurisdiction of the Registrar could arise. The petitioner then came against this order before this Court in Writ jurisdiction and obtained a rule Nisi. The learned Judge who took up this rule for disposal came to the same conclusion as that of the Tribunal but on different reasons. He held that the dispute under reference was a dispute touching the business of a Co-operative Society within the meaning of Sec. 86 of the Act but even then the matter could not be decided by the Registrar as he could not in substance enforce the contract between the parties and impose any new obligations as the Industrial Tribunal could. The correctness of this decision is now challenged before us in the present appeal.