PRAFULLA CHANDRA SARMA AND ORS Vs. OIL INDIA LTD AND ORS
HIGH COURT OF GAUHATI
Prafulla Chandra Sarma And Ors
Oil India Ltd And Ors
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(1.) The facts of these cases are similar and the questions of law that arise for decision are identical, hence they were heard together and this judgment will govern all the cases.
(2.) These are applications under Article 226 of the Constitution of India for writs of Mandamus or other appropriate writs of like nature against the Respondent No. 1 Messrs. Oil India Limited for reinstatement of the Petitioners who had been serving under Respondent No. 1 and have been dismissed from service.
(3.) The Petitioners case is that Respondent No. 1 Messrs. Oil India Limited is a company incorporated under the Companies Act in 1959 as a private limited company and it was declared a public limited company on 28-3-61 under Section 43 of the Companies Act. The Petitioners were employees of the Respondent No. 1 at Duliajan and some other places at the relevant time. The Petitioners were members of Assam Oil Company Labour Union registered on the 25th May, 1962 under the Indian Trade, Unions Act, 1926 having its registered No. 512 with Head Office at Duliajan. The Union of the Petitioners put forward some claims of its members and raised certain industrial dispute. Some members of the Union served a fourteen days strike notice under Ref. No. IOWU/GH-N-7 dated the 3rd October, 1967 on the General Manager of Respondent No. 1 in Form (L) under Sub-section (1) of Section 22 of the Industrial Disputes Act (hereinafter called 'the Act') in continuation of their previous notice No. IOWU/GM-H6/67 dated the 9th September, 1967 for a peaceful protest strike for one day or more in protest against the Management's unfair labour practices and continuous violation of truce, Code and Law.
No joint conciliation meeting could be held due to the refusal on the part of the Respondent No. 1 and as such the Conciliation Officer (Central), Dibrugarh held conciliation separately with the parties and submitted his report on 24-10-67 to the Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation, Department of Labour, New Delhi regarding the strike notice dated 3-10-67. On failure of the said conciliation the Union agreed to settle the dispute by arbitration as provided under Industrial Law, Truce and Code but the Respondent No. 1 refused to agree to arbitration. No action, however, was taken by the Central Ministry of Labour and Employment as required under Section 12 (5) read with Section 10 (1), 2nd proviso of the Ad:. Thereafter the Union served success ye strike notices dated 14-11-67 and 6-12''67 without any response from Respondent No. 1. The Union by their letter dated 9-1-68 again informed the Respondent No. 1 of the impending strike on failure of Respondent No. 1 to agree to abide by Truce, Code and Industrial Law and settle the dispute accordingly by arbitration or by adjudication. Thereafter strike took place on 17th, 18th and 19th January 1962 in a peaceful manner. The Petitioners as members of the Union joined the strike as called upon by the Union.;
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