- (1.)THIS is an appeal from a judgment of S. C. Ghosh J. dated June 28, and 29, 1971. The appellant before us, in an application under Article 226 of the Constitution, had challenged an order of reference dated October 27, 1969 by the State of West Bengal (the respondent No. 3) to the Second Labour Court, West Bengal (the respondent No. 1 ). The Facts briefly are that on August 25, 1965, a memorandum of settlement was arrived at, in course of conciliation proceedings, between Rivers Steam Navigation Co. Ltd. and the Central Steam Navigation Workers Union. By this settlement, inter alia, the retirement age had been fixed and it had been provided that there would be no retrenchment of clerical staff for five years. The settlement was valid from August 25, 1965, to December 31, 1969, both days inclusive. Under section 19 (2) of the Industrial Disputes Act, 1947, this settlement, according to the respondents, shall continue to be binding on the parties after the expiry of the aforesaid period and until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement. In the instant case, no notice in writing, the respondents state, has been served.
(2.)ON February 22, 1967, the appellant central Inland Water Transport Corporation Ltd. a company wholly owned by the Union of India was incorporated.
(3.)ON May, 3, 1967, this Court, in its company Jurisdiction, sanctioned a scheme of arrangement and compromise under the provisions of Sections 391 and 394 of the Companies Act, 1956. By this order sanctioning the scheme all properties and assets of the Rivers Steam Navigation Co. Ltd. were transferred to and vested in the Central Inland Water Transport Corporation Ltd. It was further ordered that "upon the approval of the scheme by the Hon'ble Court the Rivers Steam Navigation Co. Ltd. shall be closed and upon payment to all the creditors the Rivers Steam Navigation Co. Ltd. Shall be dissolved without winding up pursuant to an order to be obtained from this Hon'ble Court. "