GOPAL KARAMCHARI UNION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two connected writ petitions (Civil Writs Nos. 823 and 824 of 1965 ). It was agreed by the counsel for the parties that the decision in Civil Writ No. 824 of 1965 will also apply to Civil Writ No. 823 of 1965 in which the point involved is the same. I will, therefore, be referring to the facts of only Civil Writ No. 824 of 1965.

(2.) THIS writ petition under Articles 226 and 227 of the Constitution has been filed by Gopal Karamchari Union, a registered trade union, representing the workmen employed by Gopal Paper Mills, Ltd. , Yamuna Nagar, district Ambala, against the State of Punjab through the Secretary, Department of Labour, Government of Punjab, the Labour Commissioner, Punjab, the Conciliation Officer, Punjab, and Gopal Paper Mills. Ltd. , Yamuna Nagar, respondents 1 to 4. Their prayer is that respondents 1 to 3 be directed to carry out their statutory duties under the provisions of the Industrial Disputes Act by referring the industrial dispute to an industrial court or tribunal. It is also prayed that respondent 1 be directed to cause a reference of the industrial dispute arising out of their demand notices dated 28 June 1863, 30 July 1963 and 22 June 1964 to an industrial court or tribunal for adjudication.

(3.) ACCORDING to the allegations of the petitioner, the total number of workmen in the paper mill is about 2, 800, out of which the petitioner had on its roll on the material date a membership of about 1,000 employees and the same membership continued up till date. On or about 25 June 1963, the petitioner-union on behalf of the workmen represented by it gave a demand notice in accordance with the provisions of the Industrial Disputes Act (hereinafter referred to as the Act ). These demands related to the reinstatement of one Chander Bhan, who was a membar of the executive committes of the petitioner-union, and it was contended that his dismissal was illegal and mala fide. It was also demanded that he be paid fall wages and allowances for the period of his suspension the management did not accede to these demands. A copy of the notice of demand was also sent to the conciliation officer, Chandigarh. On 9 July 1963, the conciliation officer, Sri R. S. Sihani, wrote a letter to the effect, that the said demand notice was not accompanied by the letter of authority in form F as required by Rule 36 of the Industrial Dispute (Punjab) Rules, 1950 (hereinafter called the rules), and directed that the same be sent within seven days in order to enabla him to start conciliation proceeding". This direction was compiled with on 23 July 1963, Thereafter, on 30 July 1963, the conciliation officer leaned notice to bath the parties for convening a conciliation meeting on 7 August 1963. On 2 August 1963, the conciliation officer wrote to the petitioner wherein he stated as under: