DUNCAN BROS AND CO Vs. STATE

JUDGEMENT

(1.) THE question which falls for determination in this case is a short one viz whether the state Government is justified in refering a dispute to the 1st Industrial Tribunal by a memorandum dated 16th may, 1984 bearing No. 1283-LR/iil-279/82 under section 10 of the Industrial Disputes Act, 1947. At this stage it is convenient to narrate briefly the facts.

(2.) M/s. Ducan Brothers and Company limited was carrying on business as managing agents of various companies prior to 1975. On the abolition of the managing agency system, the staff of the Petitioner company on and from 1st January, 1976 were transferred to various companies to whom the petitioner used to render services.

(3.) LONG prior to 1975 an organisation under the name and style of Duncan brothers Sports Association was formed purely on a voluntary basis and at the initiative of some of the Directors and employees of the company. The membership was purely voluntary, though the subscriptions of the said Association were deducted from the salaries payable to the member concerned by the company at the instance of the Directors, Executives and Employees. Admittedly the company used to contribute to the fund of the Sports Association the activities of the Sports Association are however restricted to arranging of picnics, cultural programmes, various sports events and games both indoor and outdoor etc