CALCUTTA MUNICIPAL CORPORATION HARIJAN MAZDOOR SANGHA Vs. EIGHTH INDUSTRIAL TRIBUNAL, WEST BENGAL & ORS.

JUDGEMENT

(1.) The short point involved in this case is, whether the dispute referred to by the Government of West Bengal to the Eighth Industrial Tribunal for adjudication is an "industrial dispute" within its meaning as defined in Sec. 2(k) of the Industrial Disputes Act, 1947.

(2.) The petitioner Union raised a dispute before the State of West Bengal over the appointment of new hands in Class-IV posts in the Conservancy and Motor Vehicle Departments of the Calcutta Municipal Corporation in preference to the claims of the sons and relatives of the retired/deceased Scheduled Caste and/or Scheduled Tribes employees of those departments. Being satisfied that an industrial dispute existed between the Calcutta Municipal Corporation and their workmen represented by the Calcutta Municipal Corporation Harijan Mazdoor Sangha over the issue, the State Government, referred the matter to the Eighth Industrial Tribunal for adjudication of that dispute. After receipt of the reference, notices were issued upon both the parties and they filed their respective written statements. Subsequently, the Calcutta Municipal Corporation moved a petition before the Eight Industrial Tribunal for deciding the following issues as preliminary issues:

(3.) The learned counsel, appearing on behalf of the petitioner union contended inter alia, that the dispute referred to the Eighth Industrial Tribunal for adjudication by the State Government is an "industrial dispute" within its meaning as defined in Sec. 2(k) of the Industrial Disputes Act, 1947 and as such, the impugned decision and/or award is not valid and legal and thus is liable to be set aside. In support of his contention the learned counsel referred to the decisions in AIR 1949 F.C. 111; AIR 1957 SC 329; AIR 1958 S.C. 1026; (1974) 2 LLJ 179; etc.