GOURIPORE CO LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners are existing companies within the meaning of the Companies' Act having their factory at Garifa (Naihati), 24-Parganas. On August 2, 1972, the petitioner made an application under Article 226 of the Constitution to this court challenging the validity of an order of reference dated july 7, 1972 made under Section 10 of the Industrial Disputes Act, 1947, by the respondent No. 1, State of West Bengal and a Rule was issued being C. R. No. 6667 (W)/72. An ad interim order staying further proceedings before the 8th Industrial Tribunal on the basis of the said impugned order of reference was also made in connection with the said Rule. The matter was heard for several days and it was adjourned to enable the petitioner to make an application for amendment of the original writ petition. Such application for amendment of the writ petition was made on June 25, 1973 and the matter came up for further hearing on August 1, 1973. The petitioner was granted leave to withdraw the writ petition with liberty to make a fresh application on the same cause of action and with further materials. Pursuant to such liberty as given by this Court, the petitioner moved this court again on August 7, 1973, and obtained the present rule.

(2.) THE petitioners challenge the order of reference dated July 7, 1972, by which the grade and scale of pay of supervisory personnel was referred to by the State Government for adjudication before the 8th Industrial Tribunal. The said order of reference is annexure 'l' to the petition. It is alleged by the petitioners that no member of the supervisory staff employed in the petitioners' Jute factory is a 'workman' as defined in Section 2 (s) of the Industrial Disputes Act 1947, (hereinafter referred to as the Act), as they are not only employed in supervisory capacity but are also employed to do 'mainly' j managerial or administrative duties on account of the nature of duties attached to their office and by reason of the powers vested in them. As many as 199 out of 224 members of such supervisory staff employed in the petitioners' factory draw wages exceeding Rs. 500/- per month. The said (Supervisors do technical works, perform purely supervisory work or duties and discharge functions mainly of administrative or managerial nature and no member of the supervisory staff employed in the petitioners' Mills can come within the meaning of 'workman' as defined in Section 2 (s) of the Act. By a letter dated March 30, 1971, addressed to the Supdt. Manager of the petitioners, the respondent No. 4, West Bengal Jute Mills Staff Association (hereinafter referred to as the Union) placed certain demands for and on behalf of its members. A copy of the said letter was also sent to the Labour Commissioner, West Bengal and thereupon the deputy Labour Commissioner, West Bengal by a letter dated April 8,1971, wanted the petitioners' views on the said demands. The petitioners were also informed by the said letter that a tripartite conference would be held on April 22, 1971. By a letter dated April 7, 1971, the Supdt. Manager of the petitioners informed the Deputy labour Commissioner that employees concerned were not at all 'workmen' and the demand made by them could not constitute 'industrial dispute. ' It was further pointed out that for the reasons stated in the said letter, it would not be possible for the petitioners to attend the proposed conference. By letter dated January 14, 1972 the petitioners were again requested by the Deputy Labour Commissioner to attend the conference on January 24, 1972, but the petitioners did not participate. Dr. (Mrs.) P. Chakraborty, who was functioning as the Conciliation Officer submitted a report. A copy of the report was placed before me at the time of the hearing by Mr. Sen Gupta, the Senior government Advocate. It is stated in the said report that it would be desirable that wage structure of the Jute workers would be determined shortly by the wage fixing machinery of the jute industry. In the absence of the opinion of the wage structure of the jute workers, it would be inopportune at that stage to take any further action on the dispute raised by the West Bengal Jute Mills Staff Association. Thereafter, it appears that there was another report of the Additional labour Commissioner Mr. Quader Nowaz under Section 12 (4) of the act dated April 4, 1972, by which he recommended that the issue, namely grades and scales of pay of supervisory personnel be referred to -adjudication by a tribunal. The said report was also placed before me by Mr. Sen Gupta. On the basis of that report, Government of West Bengal, by an order dated July 7, 1972 made an order of reference under Section 10 of the Act for adjudication of the said issue, viz. grades and scales of pay of supervisory personnel. The petitioners being aggrieved by the said order of reference came up to this court.

(3.) MR. Banerjee, appearing on behalf of the petitioner contended that the Government of West Bengal deliberately failed and neglected to apply its mind to the most relevant factors that the members of the supervisory staff were not 'workmen' as defined in the Industrial disputes Act. It is further contended that there had been no conciliation proceedings as envisaged in the Act and as there was no valid report under Section 12 (4) of the Act, the condition precedent to the exercise of the powers under Section 10 of the Act are wholly non-existent and as such the said impugned order is mala fide, illegal and null and void.