UTKAL GALVANIZERS P LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed for issuance of an appropriate writ/direction or order quashing the order of the State Government in the Labour and Employment Department dated October 18, 1993 whereby the Government has referred the said matter in dispute to the Presiding Officer, Industrial Tribunal Bhubaneswar. The petitioner also prays for quashing the notice dated February 3, 1995 issued by the Presiding Officer, requiring it to appear and file its written statement, list of witness and documents in the said dispute. The further prayer of the petitioner is for a declaration that the said industrial dispute case is not maintainable, as there is no industrial dispute in existence and, for restraining the Industrial Tribunal from proceeding with the said dispute.

(2.) THE facts giving rise to this petition are hereinafter stated; The Petitioner is a private Limited Company having its registered office at Jagatpur. It is engaged in the production of galvanised sub-station structures, transmission line tower members, flood lighting tower members and galvanising the steel structures. The opposite party No. 4 is the Secretary of the Jagatpur Industrial Workers' Union which has earlier submitted a charter of demands to the petitioner.

(3.) IT appears that there was some dispute between the petitioner and the opposite party No. 4 regarding payment of minimum wages which, as alleged by the opposite party No. 4, were not being paid to the workers. Accordingly, a complaint was lodged by the opposite party No. 4 to the Deputy Labour Commissioner, Cuttack. On receiving the complaint a notice was issued to the petitioner regarding it to furnish its reply, so that conciliation proceedings may be taken up. The petitioner submitted its reply denying the claim of the workmen. Though the proceedings continued, no settlement could be brought about and accordingly a failure report was submitted to the State Government by the Deputy Labour Commissioner on July 11, 1991. Subsequently, a memorandum of settlement was entered into between the Management and its workmen on August 26, 1991 concerning the charter of demands dated August 6, 1991 which was submitted by the opposite party No. 4. The agreement was to be in force upto March 31, 1993.