GRINDLAYS BANK LTD Vs. CENTRAL GOVT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Whether certain drivers employed by the management for the officers of Grindlays Bank Ltd. are entitled to the same wages, allowances and others facilities enjoyed by other drivers of the said Bank, and, if so, form what date and to what extent, these are the issues which were pending adjudication before the Central Government Industrial Tribunal in a reference made by the Government. It appears that on or about 21st September, 1974, there was a letter from the Commercial Establishment Employees Association being respondent no. 2 herein, enclosing a Charter of Demands for drivers who are working as employee of the officers of the Grindlays Bank Ltd., the petitioner herein did not accede to the said Charter of Demands. Thereafter the matter was referred to the Regional Labour commissioner for conciliation. But the conciliation proceedings failed. On or about 26th July, 1975, the Government of India, Ministry of Labour, referred the aforesaid disputes and issues, mentioned hereinbefore, for adjudication. On 28th May, 1976 the hearing was fixed and the same was adjourned at the request of the petitioner Bank. On 24th June, 1976 the next hearing was fixed and the case was adjourned till 19th August, 1976 on the ground that the Presiding Officer of the Tribunal was not in Calcutta. On or about 19th August, 1976, the reference was called on for hearing and learned Advocate on behalf of the respondent Association asked for time on the ground that the Secretary had gone away without handing over records to the learned lawyer. The matter was adjourned till 20th October, 1976. Thereafter on 20th October, 1976, learned lawyer appearing on behalf of the respondent Association had prayed for an adjournment on the ground of illness of the Senior lawyer. It was adjourned till 9th December, 1976. On or about 9th December, 1976 learned lawyer on behalf of the respondent Association again prayed for an adjournment on the ground that he had received a telegram alleging that the father of the sender of the letter had died but the prayer for adjournment was refused. The Tribunal, thereupon, a proceeded with the hearing of the matter and an award was made on 9th December, 1976. On or about 25th December, 1976 the award was published in the Gazette under Sec. 17 of the Industrial Disputes Act, 1947. On 19th January, 1977, the respondents nos. 5 to 7, who were the drivers concerned, through the Association, filed a petition before the Tribunal for recalling, setting aside and reviewing the award. On or about 12th April, 1977 the Tribunal set aside the order or the award dated 9th December, 1976. As the award had not become enforceable and in view of the relevant provisions and the facts of the case, the Tribunal found that it had to be set aside and the reference restored to file for adjudication on merits. It is this order of the Tribunal dated 12th April, 1977 which is under challenge in this application under article 226 of the Constitution.

(2.) It was contended on behalf of the petitioner that, in the facts and circumstances of this case, the Tribunal had no power to pass the impugned order dated 12th April, 1977. It was urged that the Tribunal being a creature of statute, had no power to pass any order recalling or reviewing its previous order. Reliance in this connection was placed on several decisions to which I shall presently refer in detail.

(3.) On behalf of the respondent association it was urged that the Tribunal had at least implied power to do justice in this case and therefore the impugned order was within the competence of the Tribunal. It was urged that there was noting in the statute which prohibited the Tribunal from passing the impugned order. It was, therefore, submitted in the interest of justice the Tribunal thought it fit and it had the right to pass the impugned order. Reliance in aid of this submission was placed on several sections of the statute as also on several decisions which I shall also presently note.