SRINIWAS FATEHPURIA PRIVATE LTD Vs. N C CHATTERJEE
LAWS(CAL)-1963-6-16
HIGH COURT OF CALCUTTA
Decided on June 07,1963

SRINIWAS FATEHPURIA PRIVATE LTD. Appellant
VERSUS
N.C.CHATTERJEE Respondents





Cited Judgements :-

GAGALBHAI JUTE MILLS VS. STATE OF WEST BENGAL [LAWS(CAL)-1976-3-44] [REFERRED TO]


JUDGEMENT

Sinha, J. - (1.)This is an appeal against an order of Ray, J., dated January 5, 1961, whereby the application was dismissed with costs.
(2.)The facts in this case are shortly as follows: The appellant is a Company which carries on the business of hiring certain barges and boats which are let out on a contract basis to manjhis, who in their turn appoint dandis under them. The appellant Company dismissed four workmen who were all manjhis. An industrial dispute arose between the said Company and the four workmen, which was referred by the Government of West Bengal for industrial adjudication under Sections 7 and 10 of the Industrial Disputes Act, 1947, before the First Labour Court. The Issue that was referred was as follows :
"Whether the dismissal of the following workmen is justified? To what relief, if any, are they entitled? (1) Matin Manjhi, (2) Khalil Manjhi, (3) Taslim Manjhi, (4) All Hasan."
I have already stated that the Company carried on an industry of the nature mentioned above. It is the owner of about 32 barges, 8 wooden boats and 2 launches 01 various sizes. These they hire out to about 40 manjhis, who in their turn appoint about 170 dandis. It is alleged that the 4 manjhis abovementioned, joined a union known as the 'Calcutta Boatman Union'. On or about October 1, 1958, orders were served upon these 4 workmen, dismissing them from service, for certain alleged mis-conduct. The workmen did not accept their orders of dismissal and complained that they were illegal and unjustified and amounted to an attempt at victimisation.
(3.)In their written statement before the Tribunal, the Company alleged that these 4 manjhis were really not workmen at all, but were mere contractors, and the Company did not exercise any control over them. It was stated that the Company lost confidence in these contractors and terminated their contracts. The second point taken was that in any event, the dispute between these 4 workmen and the Company was an individual dispute, and did not amount to an industrial dispute. Consequently the validity of the Order of Reference was challenged.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.