AMRITSAR TEXTILE CLERKS ASSOCIATION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN the year 1957, an industrial dispute between the workmen and the management of the Amritsar Reyon and Silk Mills (Private), Ltd. , Amritsar, was referred to the industrial tribunal, Punjab, Jullundar. The matters in dispute, which were referred, were eight in number and one of them related to the clerks of the mills along with the workmen. The dispute was in these terms:

(2.) THE arbitration award dated 8 November 1958, between the clerks and the management remained in force and on 20 March 1968, the Amritsar Textile Clerks' Association served the management, namely; the Amritsar Rayon and Silk Mills (Private), Ltd. , Amritsar, with a notice of their intention to terminate the arbitration award as contemplated under Section 19 (6) of the Industrial Disputes Act, 1947, with effect from 20 May 1963. Later on, Sri Waryam Singh, an employee in the clerical staff, was informed by the management through its director-vide their letter dated 11 June 1963-that 27 years of his service were expiring on 25 June 1963, and in terms of Clause 8 of the arbitration award dated 8 November 1958, he was to retire from service on 26 June 1963. He was, therefore, asked to take notice that his retirement would take effect on 26 June 1963, and that he should receive payment of his dues on that date. On this action being taken against Sri Waryam Singh, the Amritsar Textile Clerks' Association served the management with a demand notice on 26 June 1963. A preliminary fact-finding enquiry into the said demand notice was held by the conciliation Officer. Amritsar. The conciliation officer, however, after due enquries, failed to arrive at any settlement and made his report to the Punjab Government, as contemplated by Section 12 (4) of the Industrial Disputes Act.

(3.) LATER on, the Punjab Government informed the association which had raised the dispute-vide their letter dated 25 September 1963, annexure B-that the demand notice dated 26 June 1968 served on the management of the Amritsar Rayon and Silk Mills (Private), Ltd. Amritsar, had been filed. On receipt of this letter, the Amritsar Textile Clerks' Association, which hereafter will be called the petitioner, made a written representation on 22 October 1963, to the Labour Commissioner, Punjab, given all the points which they wanted the Government to consider and requested that the matter might be reconsidered and the dispute referred to the industrial tribunal for adjudication, but this representation was rejected by the Government on 3 August 1964, and it was stated that the points raised in the representation were taken into consideration in the preliminary stage and no new points had been brought forward justifying the consideration of the previous decision annexure D. The petitioner was not ret satisfied with the decision of the Government and another representation dated 16 August 1964 was made for the reconsideration of the whole matter. The Government again rejected the representation and stated that the points raised had again been thoroughly considered and the Government did not filed any justification to reopen the case particularly in the light of the decision of the industrial tribunal according to which there could not be part-termination of any award, annexure E. The present writ petition under Articles 226 and 227 of the Constitution has been filed by the petitioner for issuing a mandamus to the Punjab Government to refer the dispute to the industrial tribunal for adjudication.