K H GANDHI Vs. R N P SINHA

JUDGEMENT

(1.) This is an application by the petitioner, Manager of Messrs B.A. & Brothers, a firm having its head office at 2 and 3 Clive Row, Calcutta, which sells and supplies patent medicines and other medicinal preparations, and the petitioner is in sole and exclusive charge of the Patna Branch of the said firm. On the 5th of February, 1948, petitioner 2 had been appointed as a clerk in the office of the said branch at Patna on a salary of Rs. 50/- per month. The services of the said clerk had to be dispensed with with effect from the 26th September, 1951, when he was given full salary for the month of September as also one month's further salary in lieu of notice, and the said clerk after getting the payment granted a receipt as token of final settlement. On the 22nd of October, 1951, the said clerk, opposite party 2, filed an application before the Assistant Labour Commissioner, Bihar, Patna, requesting him to look into the matter and do the needful. On the 15th of March, 1952, a notice was issued to Messrs B. A. & Brothers, Patna, from the office of the Assistant Commissioner of Labour, Patna, informing him that the Conciliation Officer and Assistant Commissioner of Labour, Patna, would. hold a conciliation proceedings on the 31st March, 1952, at 3 p.m. in his office and requesting the firm to send a representative to participate in the proceeding. On the 3lst of March, 1952, it is alleged that the petitioner appeared before the officer concerned and explained to him the circumstances attending the dismissal of opposite party No. 2, and also pointed out that the so-called dispute was no dispute at ail and much less an industrial dispute. On the 17/18th June, 1952, a letter sent from the office of the Assistant Commissioner of Labour, Patna, to the Manager, namely, the petitioner on the subject of wrongful dismissal of Sri Ram Briksha Singh, opposite party No. 2, intimating that on the 23rd of June, 1952, a conciliation proceeding wouid be held under Section 12, Industrial Disputes Act, 1947, (Act XIV of 1947) at 11 a.m. in his office at Patna, and the Manager was requested to send his accredited representative with all relevant papers and with necessary authority on his behalf. The letter is signed by an officer describing himself as Conciliation Officer and Labour Officer, Patna on the 18th of June, 1952. In pursuance to this letter conciliation proceedings were held on the 23rd of June, 1952, and after some discussion the conciliation proceeding was adjourned to the 10th of July, 1952. The petitioner filed the present application on the 30th of June, 1952, which was put up for admission on the 8th of July, 1952, and a rule was issued upon the opposite party to show cause as to why the aforesaid conciliation proceeding should not be quashed under the provisions of Article 226 of the Constitution.

(2.) Mr. Government Pleader appears to oppose the rule on behalf of opposite party no. 1, the Conciliation Officer and Labour Officer, Patna Division, Labour Department, Patna, and Mr. Jamuna Prasad Chaudhury has appeared on behalf of opposite party no. 2. Conciliation proceedings are held under the provisions of Section 12, Industrial Disputes Act, 1947 (Act XIV of 1947) Section 12(1) of the Act reads as follows:--

(3.) I would, therefore, allow the application and direct that a writ in the nature of certiorari should issue setting aside all proceedings for conciliation started by opposite party no. 1 in the present case. The petitioner is entitled to his costs and I assess the hearing fee at Rs. 64.00 payable by opposite party no. 1.