BALLARPUR COLLIERIES COMPANY Vs. SALIM M MERCHANT

JUDGEMENT

(1.) This is an application for quashing an order passed by the Presiding Officer, Central Government Industrial Tribunal, Dhanbad, on the 16th April, 1962, in Bonus Appeal No. 12 of 1960, and for other consequential reliefs.

(2.) The petitioner is a firm of colliery owners in Dhanbad. In January-February, 1960, their workers went on strike by way of protest against the suspension of three workers for having caused derailment of coal-tubs. The Regional Labour Commissioner (Central), Bombay, intervened in the dispute and brought about an agreement between the employer and the workmen. It is unnecessary to refer in detail all the terms of the agreement (Annexure D), but it is sufficient to say that the strike was in due course called off and the labourers also assured the said officer that "they would see that such strikes are not resorted to in future and would adopt all constitutional means to get their grievances redressed".

(3.) On the 23rd May, 1960, the Central Government, in exercise of the power conferred by Section 36A of the Industrial Disputes Act, referred to one Shri G. Palit, Chairman, Central Government Industrial Tribunal, Dhanbad, the following question, namely, "whether 'Traffic' is to be placed in Grade II of the clerical service in terms of the award". The award here referred to is the award dated the 18th May, 1956, known as the Majumdar Award. During the course of the hearing of that reference (Reference No. 27 of 1960) before Shri Palit, some of the colliery owners (including the petitioner) in whose collieries there were no workmen with the designation of "Traffic" wanted to be excluded from the reference altogether on the ground that they were not interested in the dispute pending before the said Tribunal. The petitioner made such an application in August, 1960, stating as follows: