INDIA FOILS LTD Vs. INDUSTRIAL TRIBUNAL WEST BENGAL

JUDGEMENT

(1.) This is an application for appropriate order and/or directions directing the respondents not to give effect to or enforce an order of the respondent No. 1, being order No. 27 of July 3, 1971.

(2.) The petitioner's employees are members of a Trade Union known as India Foils Employees' Union. According to the petitioner most of the supervisors and staff assistants, who are members of the Association, are not "workmen" within the meaning of the Industrial Disputes Act and for that reason, are not competent to raise any industrial dispute. According to the petitioner again although the supervisors and staff assistants are not entitled to raise an industrial dispute, they purported to raise such a dispute before the Labour Directorate, Government of West Bengal through the third respondent. An order of reference was made on June 4, 1969, by which the dispute raised by the said workmen was referred to the first respondent. The issues framed in the order of reference are: 1. Incentive/Production bonus. 2. Gratuity. Written statements were filed before the first respondent according to the directions given. On March 21, 1971, the third respondent filed a petition before the first respondent in which it was stated that the Association would at the time of hearing of the case rely on documents which were filed as annexures to the written statements. On May 2, 1970, the third respondent filed another petition setting out a list of other documents to be relied upon at the time of hearing the case. On July 3, 1971, the third respondent filed a petition stating that the documents mentioned in their petition of May 2, 1970, were in the possession of the petitioner and that on May 28, 1971, the Association served a notice on the petitioner asking it to produce the documents, particulars whereof were given in the notice. It was alleged in this petition that the documents would be required to prove the case of the employees in connection with the preliminary objection raised by the petitioner.

(3.) On July 3, 1971, the first respondent made the impugned order which is as follows: