KHAGESH SARKAR Vs. TATANAGAR FOUNDRY CO LTD

JUDGEMENT

(1.) The petitioners in all these four writ applications were workmen of Messrs. Tatanagar Foundry Company Ltd., Jamshedpur," (hereinafter to be referred jo as "the Company"). All of them were members of the Jamshedpur Mazdoor Union (hereinafter to be referred to as "the Mazdoor Union"). In all these cases, the respondent No. 1 is the Company, respondent no. 2 is the Presiding Officer of the Labour Court, Chotanagpur Division Ranchi, and respondent No. 3 is the State of Bihar, through the Secretary, Labour Department, A common question of law is involved in all these cases. They have, therefore, with the consent of the parties, been heard together, and this judgment will govern all of them. The short facts are these:-

(2.) So far as the applications of the Company for approval of its action taken against the 11 discharged workmen are concerned, the stand taken by the Company at the hearing was that the applications made by it were misconceived, and, as those 11 discharged workmen were not concerned in the dispute under reference, there was no necessity for it to seek the approval of the Labour Court. This contention was accepted by the Labour Court by its order dated the 21st of February, 1959, and the applications filed by the Company were dismissed. The 11 discharged workmen have filed M. J. C. No. 157 of 1960.

(3.) Thus, in all these four cases the only question that falls to be determined is whether the petitioners of all these cases were workmen concerned in the dispute under reference or not. If they were not the workmen concerned in the dispute, the order or award of the Labour Court must be held to be correct in law. On the other hand, if it is held that the petitioners were the workmen concerned in the dispute, the cases will have to be sent back to the Labour Court for its decision on merits. It may further be noted here that the main reference, No. 5 of 1958, was disposed of by the Labour Court by an award dated the 31st of August, 1958 in favour of the Company, but that, however, will not have any effect on the question under consideration.