SREE BEHARIJI MILLS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application made on behalf of the petitioner, Sree Behariji Mills Ltd., for grant of a writ under Article 226 of the Constitution for calling up and quashing the certificate proceeding started against the petitioner in case No. 102 M. C. of 1955/56 pending in the Court of the Certificate Officer of Patna.

(2.) The petitioner is a Company incorporated under the Indian Companies Act and owns and runs Flour, Oil, Rice and Dal Mills in Mahalla Bharatpur Simri of Patna City. Opposite parties 5 to 12 were employed by the petitioner in the working of the Mills, but on account of old age and ill-health they became unfit for work. The case of the petitioner is that a notice was given to opposite parties 5 to 12 saying that they would retire with effect from the 1st. March 1955, on payment of one month's salary in lieu of notice and gratuity according to the terms of settlement arrived at between the management and the workmen's Union. Opposite party No. 4 is Patna City Mazdoor Union and its case is that the retirement of opposite parties 5 to 12 was unauthorised and it was really a case of retrenchment and under Section 25-F of the Industrial Disputes Act the workmen were entitled to compensation. It appears that there was an enquiry by the Assistant Labour Commissioner in the matter and no settlement could be arrived at between the parties. It is alleged On behalf of the petitioner that on the 18th January 1956, the Secretary to the Government of Bihar, Labour Department, filed a certificate of public demand for a sum of Rs. 7,242 and odd against the petitioner before the Certificate Officer of Patna. The legal validity of this certificate proceeding was challenged by the petitioner on the ground that the certificate proceeding was ultra vires and without jurisdiction.

(3.) Cause has been shown in this case on behalf of Patna City Mazdoor Union, opposite party No. 4, and also on behalf of opposite parties 5 to 12, the workmen concerned, in the dispute. Cause has also been shown by learned Government Pleader on behalf of opposite parties 1 to 3.