ROHTAS INDUSTRIES STAFF UNION Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Miscellaneous Judicial Case No. 498 of 1959, petitioner No. 1 is a registered trade union, called the Rohtas Industries Mazdoor Sangh. Petitioners Nos. 2 and 3 are employees of respondent No. 2, the Rohtas Industries Limited, which have many units of production at Dalmianagar, namely; cement, paper, sugar, etc. etc., and a large number of workers are employed therein. For disputes regarding non-payment of bonus and non-implementation of Shree Jee Jee Bhoy's award, there was a strike-notice served by petitioner No. 1 on respondent No. 2. The strike was started in the factories of the Rohtas Industries Limited on the 3rd September, 1957, and it was called off on the 3rd October, 1957, on the basis of an agreement between the management and the workers dated the 2nd October, 1957. By this agreement the parties agreed to refer certain matters in dispute to arbitration. Under Section 10-A of the Industrial Disputes Act the Government of Bihar published the arbitration agreement in the Bihar Gazette. The arbitration agreement is to the following effect :

(2.) In Miscellaneous Judicial Case No. 475 of 1959 petitioner No. 1 is a registered trade union, called the Rohtas Industries Staff Union, and respondents Nos. 2, 3, 4, 5 and 6 are the Rohtas Industries Limited, Ashoka Cement Limited, Sri Krishna Gyanoday Sugar Limited, Ashoka Marketing Limited and Bharat Collieries Limited. The material facts in this case are identical to those in Miscellaneous Judicial Case No. 498 of 1939, and the question of law presented for determination in this case is of the same character.

(3.) I shall first deal with the argument addressed on behalf of the petitioners that the question of the award of compensation by workman to employers for the loss of business caused by the strike is beyond the scope of Section 10-A of the Industrial Disputes Act which is in the following terms :