GOUREPORE CO LTD Vs. NUDDEA MILLS LTD

JUDGEMENT

(1.) This writ petition has been filed by Gourepore Company Ltd. ('Company' for short), which runs a jute mill at Naihati, and one of its directors challenging the legality and validity of an order dated June 12, 1989 made by the Government of West Bengal under Section 10(3) of the Industrial Disputes Act, 1947 ('Act' for short) prohibiting the continuance of the lock-out declared by the Company in its mill with effect from April 7, 1989. The above order has been made in the wake of an order made under Section 10(1) of the Act on June 9, 1989 referring an industrial dispute, existing between the Company and its workmen on the following issues: "(1) Whether the management is justified in alleging low production and productivity by a section of workmen? (2) What wages are the workmen entitled to for the period of lay-off commencing from April 5, 1989" to the First Industrial Tribunal, Calcutta for adjudication.

(2.) Mr. B.N. Sen, the learned Advocate appearing for the writ petitioners, has assailed the order on the following three grounds: (i) since the Company has a fundamental right not to carry on its business and the right in the instant case has been exercised bona fide to avoid heavy recurring losses, the Government cannot by a fiat compel it to run a business; (ii) since all the demands raised by the Company have not been referred to the Tribunal, Section 10(3) cannot be allowed to operate in respect of all; and (iii) as no opportunity was given to the Company to state and establish its case before the order was passed, it is violative of the principles of natural justice.

(3.) Mr. A.P. Chatterjee appearing for the workmen and Mr. S. Ukil appearing for the State, have joined issue on all the contentions raised by Mr. Sen. Mr. Chatterjee has further contended that even if all the contentions of Mr. Sen were to be accepted still then, the discretionary powers of this Court in the writ jurisdiction should not be exercised in favour of the petitioners, as they are guilty of declaring an illegal lockout.