DALMIA DADRI CEMENT Vs. PUNJAB STATE

JUDGEMENT

(1.) THE facts necessary for deciding this writ petition lie in a rather narrow compass. Messrs Dalmia Dadri Cement Limited, the petitioner company-hereinafter referred to as the Company--employs a substantial number of workmen. These workmen have formed three separate labour Unions, namely (i)The Dalmia Dadri Cement Factory Men's Union (respondent No. 4), hereinafter called the Men's Union; (ii) The Cement Factory Workers Union (respondent No. 5), hereinafter referred to as the Workers' Union and (iii) The Cement Udyog karmachari Sangh (respondent No. 6), hereinafter referred to as the Sangh. Each of these three Unions represents different set of workmen. The petitioner company states that the interests of these labour Unions clash inter se and they have their own rivalries. On August 16, 1963, the Workers' Union served a nonce of demand on the Company requiring the Company to confirm in service certain workers, who were employed on temporary or casual basis. Obviously, the company did not concede the demand. The State Government, by their letter of december. 1963 (the date is not spec! fled) declined to make a reference of the dispute for adjudication to some labour Court or Tribunal for the reasons stated in that letter copy of which is annexure ' 1 ' to the writ petition.

(2.) SIMILARLY, by order, dated 16th May 1964, (copy attached to the writ petition as annexure 'ii'), the State Government declined to refer for adjudication a similar demand of the Sangh on the ground that the demand did not constitute an industrial dispute within the meaning of Section 2 (k) of the Industrial Disputes Act (14 of 1947) --hereinafter referred to as the Act --as the notice of demand did not enjoy the support of a substantial number of workmen of the Company. The Men's union did not lag behind in this respect 11 appears that this Union also served a similar notice of demand dated the 28th December 1963, copy of which has been filed in this case by that Union as Annexure R. I. to its written statement Two demands were made in the said notice. Though we are concerned with demand no. 1 only, it is convenient to reproduce both the demands as contained in that notice dated the 28th December, 1983. These demands were in the following terms.

(3.) IT is not clear on the record whether it was as a result of any subsequent representation made by any of the oilier Unions or other wise that the Punjab government issued a ' corrigendum ' notification, dated the 10th August, 1964, (copy annexure ' IV ' to the writ petition), the operative part of which roads as follows -