ROHTAS INDUSTRIESLTD Vs. PRESIDING OFFICER INDUSTRIAL

JUDGEMENT

(1.) Petitioner No. 1 a company registered under the Indian Companies Act, 1956 having its registered office at Dalminagar and petitioner No. 2 an Excutive President and share holder of petitioner No. 1 have filed this writ for quashing the order dated the 3rd February, 1975 and also the dated the 6th February, 1975, being the two orders out of the many orders contained in annexure '11' to this writ application passed by the Presiding Officer, Industrial Tribunal, Patna. Bihar, respondent No. 1.

(2.) Shortly stated the case of the petitioners is that in terms of the decision of the Bihar (Central) Labour Advisory Board of the Government of Bihar, Department of Labour and Employment by its resolution dated the 23rd January, 1952 held a plebicite on the 6th of April, 1956 to determine the representative character of the two rival unions, namely Rohtas industries Majdoor Sangh (respondent No. 3) and Dalmianagar Majdoor sewa Sangh (respondent No. 5) in which it was decided, to recognise respondent No. 3 as the representative union for the purpose of bargaining collectively on behalf of the workmen employed by the petitioner-company in terms of the aforesaid resolution, that is, in respect of the matters having general applicability to workmen of the petitioner-company. The petitioners have also stated that another union, namely, Rohtas Industries Staff Union (Respondent No. 4) is also a recognised union.

(3.) By notification dated the 7th of July, 1969 the State Government referred the State Government referred the dispute between the management of the petitioner-company (excluding sugar and cement factories) and their workmen represented by respondents 3 and 4 for adjudicatin to the Industrial Tribunal, Bihar, Patna (respondent No. 1) The terms of reference was as follows: