Mohammad Rafiq, J. - (1.)These two writ petitions have been filed by M/s. D.C.M. Shriram Consolidated Ltd. challenging the orders dated 17.9.1993 and 11.1.1993 respectively.
(2.)The appropriate Government vide order dated 17.9.1993 passed in Civil Writ Petition No.6803/93 exercising its powers under Sec. 10(1) read with Sec. 12(5) of the Industrial Disputes Act, 1947 (for short-'the Act of 1947') referred an industrial dispute to the Industrial Tribunal on the question whether closure of the establishment of Shriram Khad Programme by Executive Director of Shriram Fertilizers & Chemicals or by M/s. Grain Conservation and Ware Housing Industrial Private Ltd. was legal and justified and further whether the employees engaged with the said establishment Shri Ram Khad Programme could be considered to be employees of M/s. Shriram Fertilizers & Chemicals Ltd. and if they are not held to be employees thereof and are held to have been engaged through contractor M/s. Grain Conservation and Ware Housing Industrial Private Ltd., then what is the liability of M/s. Shriram Fertilizers and Chemicals Ltd. towards them In Civil Writ Petition No.2184/93, reference was made only to the effect whether action of the both the above mentioned principal employer and the contractor in terminating services of the employees concerned was legal and justified and if not, what relief they are entitled to Since both the matters pertain to the employees engaged through the same contractor in the same establishment and for the same principal employer, therefore they were heard together and are being decided by this common judgement.
(3.)Petitioner is a company registered under Indian Companies Act, 1956 and is a Proprietor of the unit M/s. Shriram Fertilizers and Chemicals, which manufacturers and markets urea fertilizers. Petitioner company is one of the subsidiary companies of M/s. DCM Ltd. It had established its fertilizer plant at Kota some time in the year 1969 and got the same registered under the provisions of Contract Labour (Regulation & Abolition) Act, 1970 (for short-CLRA Act). The petitioner engaged M/s. Grain Conservation and Ware Housing Industries Private Ltd. which too was a registered company, for promoting sales of its products. An agreement was entered into between both of them on 9.5.1968 which was extended and substituted by subsequent agreements from time to time. M/s. Grain Conservation and Ware Housing Industrial Private Ltd. engaged services of various employees all over the India including the employees engaged for Shri Ram Khad Programme, Jaipur for whose benefit the present reference was made. According to the petitioner, the State Government earlier on the same subject matter and at the instance of the same respondent no.2 declined to make reference on the same dispute by order dated 3.3.1993. Subsequently, however, the respondent union submitted a representation to the Government on 27.3.1993 for reconsideration of the matter. The Government served upon the petitioner a show cause notice on 26.4.1993 calling upon it to submit its comments / response to such a representation. Petitioner submitted reply to such notice and opposed the prayer for reconsideration. The Government however by the order impugned dated 17.9.1993 made the reference in first of these writ petitions. Reference in another writ petition being S.B. Civil Writ Petition No.2184/1993 was independently made by order dated 11.1.1993.