TEOK TEA ESTATE Vs. LABOUR COURT AND ORS.

JUDGEMENT

(1.) THIS matter has come to me out of a difference between my two learned brothers.

(2.) THE matter initially arose out of an application under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari, mandamus or any other appropriate writ for quashing the award given by the presiding officer, labour court, Assam, under the provisions of the Industrial Disputes Act, 1947. An industrial dispute was raised by the workmen of Teok Tea Estate, represented by the Assam Chah Mazdoor Sangha, over the alleged demotion of Mugeswar Tati, a labourer engaged as a fitter -mate by the management of the Teok Tea Estate at the material time, and the dispute was referred to the labour court by the Government Notification No. CLR 262 -59 -6 of 25 May 1959 on the following terms:

(3.) MUGESWAR Tati took it as an insult and he refused to join and work as a lorry jogali. The motive for this alleged demotion or transfer in employment was ascribed to be the manager's displeasure with the particular workman for deposing against him in a criminal case brought by one Kartar Singh, who was the head fitter of the tea garden in question. The alleged deposition took place on 10 May 1958, in support of Kartar Singh, who filed a complaint against the manager.