GONDHARA TRANSPORT CO PVT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE circumstances in which the following three questions of law have been raised in this case by the Gondara Transport Company (Private) Limited of faridkot, the petitioner before me (hereinafter referred to as the employer), may first be mentioned in all their relevant details :

(2.) THE employer is carrying on transport business. According to the finding of the labour Court, the number of workmen employed by it on the relevant date was sixty. The employees of the petitioner concern have a Labour Union of their own. But admittedly that Union has not come into the picture at any stage of this case. Respondent No. 2, the District Motor Transport Workers' Union (Registered), kotkapura, District Bhatinda (hereinafter called the District Union), however, served a notice, dated November 10, 1959, on the employer making six demands, out of which four were of a rather general nature (e. g. , claim for daily allowance for booking clerks and checkers while at certain bus-stands, claim for ten days' causal leave, claim for uniforms, etc. ). The remaining two items of the notice of demand related to claim for full salary being paid to Inderjit Singh conductor during the period of suspension and for re-instatement of one Mukand Singh clerk on checking duty. Copy of this demand notice, dated November 10, 1959, had been marked as Ex. M/2 before the Labour Court.

(3.) BY notice, dated December 22, 1959, the demand regarding Inderjit Singh contained in the first notice was amended so as to include therein a claim for his re-instatement. Further demands were added in the letter of the District Union, dated January 12, 1960. Copy of this notice appears to have been marked as Ex. M-2/a before the Labour Court. A third notice of demand, dated April 1. 1960. (marked as Ex. M/4 in the Labour Court proceedings), was served by the District union on the employer.