POONAM TALKIES Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) M /s Poonam Talkies, Dausa (here in after referred to as the petitioner) has filed this writ petition on the allegation that on 18th November, 1978, some supporters of Cinema Karamachari Union started creating trouble in the Cinema Hall. Some of the workers blocked gutter line of Cinema and they also started harassing the public who wanted to see picture in the Cinema Hall and the entry gate of second class was also closed by putting the shutter down. On this, the Manager of the petitioner asked one Shri Hari Narain Sharma an employee of the establishment, who is deaf and dumb, to open the gate and as per direction of the Management of the petitioner, he opened the gate. On this, one Shri Rati Ram, who was also an employee of petitioner, started beating badly to Shri Hari Narain and on complaint received by the management from Shri Hari Narain a decision was taken to suspend Shri Rati Ram for 3 days.

(2.) THE employees of the petitioner went on strike raising an issue of reinstatement of Shri Rati Ram. The strike commenced on 19th November, 1978. Most of the employees started picketing outside the Cinema Hall and they also restrained the entry of the visitors. Many notices were given to the employees for joining duty but no compliance was made for quite a long time. Some of the employees threatened the Manager for dire consequences and as such complaints were filed in police station, Dausa from time to time. It has been further alleged that on the one side, the employees, stopped coming inside the Cinema for rendering their services and on the other hand, an industrial dispute of termination of services of Sarva Shri Shyamlal, Madanlal, Ram Singh, Kishanlal, Prahlad, Hiralal and Rati Ram was raised before the conciliation officer. After failure of the conciliation proceedings, the Government of Rajasthan made the following reference to the labour Court: .........[vernacular ommited text]...........

(3.) IT has been further alleged that the suspension matter of Shri Ratiram for 3 days was taken as a cause by the Union for going on strike. The Union also made a representation to the management vide their letter daetd 18th November, 1978 stating therein that if suspension order of Ratiram shall not be withdrawn, the workers will go on strike for indefinite period. The management vide letter dated 19th November, 1978 replied to the Secretary, Rajasthan Cine Karamchari Union in which it was clarified that the action of the Union for going on strike was illegal and against law. It was further mentioned in the aforesaid letter that employees should come on duly failing which they would be treated as absent. The copy of the letter has been submitted and marked as Annexure 17. Besides that one more letter was given to the Secretary of the Union by the management on 20th November, 1978 in which it was clearly stated that Shri Ratiram Meena was suspended for 3 days only and the aforesaid order of suspension is purely an administrative matter. In this letter, again it was mentioned that on this issue, the strike was completely illegal and unjustified. The copy of this letter has been submitted and marked Annexure -18. On 21st November, 1978 a notice was pasted on the Notice Board informing the employees for resuming duty immediately. Inspite of the aforesaid notice the employees did not come on work and continued on strike.