MAHARAJA KISHANGARH MILLS LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by Maharaja Kishangarh Mills Ltd. , Kishangarh, against the State of Rajasthan, Mr. D. O. Sharma, Judge of the Industrial Tribunal and Kishangarh Mill Rashtriya Mazdoor Congress. The petitioner is a public limited company owning Textile Mills at Kishangarh, which manufactures cotton yarn and cotton cloth. Respondent 3 is a Union of the labourers of the Mills.

(2.) IT is alleged on behalf of the petitioner that for some time past the Mills were running at a heavy loss and as there was no hope of running them at a profit the petitioner closed the Mills on 19-10-1952, which resulted in unemployment of labour. The Government of Rajasthan, it is said, intervened and the petitioner agreed to work the Mills subject to the condition that an expert, who had been appointed to hold an inquiry into the affairs of the Mills, should complete the inquiry within 10 days and that if the finding of the expert would be that it would be uneconomical to run the Mills in the present conditions the Mills would be closed, or if the inquiry did not finish within 10 days' time the working of the Mills would again be stopped. On a request made by the petitioner the Government of Rajasthan secured the services of Mr. Dutta to inquire into the affairs of the Mills and to report how far the working of the mills was economical under the present conditions. Mr. Dutta submitted his report to the Government but the Government did not supply it to the petitioner. However, the petitioner thought that the result of the inquiry made by Mr. Dutta supported the view that under the present condition the working of the Mills could not be undertaken without heavy losses. As it is said it was absolutely impossible to work the Mills without incurring losses the petitioner was forced to close down the Mills again on 19-11-1952. Thereafter, it is said, the Mill labourers indulged in irresponsible and violent activities to the prejudice of the petitioner. The Government of Rajasthan by their notification No. P. 25 (1)/ (Lab) 1 of 25th November constituted an Industrial Tribunal for the District of Jaipur and appointed Mr. D. c. Sharma as a Member of such Tribunal. This Tribunal was constituted of one Member only. By a further notification of the same date, which is as follows, a reference was made to the Industrial Tribunal: "no. P. 25 (1) Lab. /52/2. Whereas an Industrial dispute exists between M/s. the Maharaja Kishangarh Mills Ltd. , Kishangarh, and their workmen sponsored by the Kishangarh Mill Rashtriya Mazdoor Congress, Kishangarh, in respect of the matters specified in the schedule hereto annexed and whereas the Government of Rajasthan considers it desirable to refer the dispute to an Industrial Tribunal for adjudication. Now, therefore, in exercise of the powers conferred by Clause (c) of sub-s. (1) of Section 10 of Industrial Disputes Act, 1947 (Act No. 14 of 1947) the Government of Rajasthan is pleased to refer the said dispute for adjudication to the Industrial Tribunal constituted under Section 7 of the said Act by a Notification of the State Government in the Department of Labour No. F. 23 (1) Lab. /52/1. , dated 25-11-1952. "

(3.) THE Government then made an order under Section 10 (3), Industrial Disputes Act of 1947 enjoining it on the petitioner to withdraw the lock-out at once. The petitioner, it is said, did not resort to lock-out but closed down the Mills on account of heavy losses. The reference made by the Government to the Industrial Tribunal is, it is said, beyond the scope of the Industrial Disputes Act and the order to work the Mills amounts to an infringement of the fundamental rights of the petitioner under Articles 19 (1) (g) and 31 (1) of the Constitution of India, The petitioner, therefore, prayed that a writ of mandamus or other appropriate direction be issued declaring the reference to the Industrial Tribunal to be illegal and restraining the respondents from forcing the petitioner to work the Mills and from holding any proceedings under the Industrial Disputes Act, 1947, in connection with the reference, which has been made by the Government to the Industrial Tribunal.