ASSOCIATED CEMENT COMPANIES LIMITED PORBANDAR Vs. THEIR WORKMEN
LAWS(SC)-1960-3-25
SUPREME COURT OF INDIA
Decided on March 03,1960

ASSOCIATED CEMENT COMPANIES LIMITED Appellant
VERSUS
IR WORKMEN Respondents





Cited Judgements :-

GOKULESH PETROLEUM PRIVATE LIMITED VS. HIMALAYA R SHAH [LAWS(GJH)-1999-2-21] [RELIED ON]
MITSUBISHI SHOJI KAISHA LIMITED VS. FOURTH INDUSTRIAL TRIBUNAL OF WEST BENGAL [LAWS(CAL)-1971-8-17] [REFERRED TO]
MANAGEMENT OF THE TIRUCHI SRIRANGAM TRANSPORT CO P VS. INDUSTRIAL TRIBUNAL [LAWS(MAD)-1961-10-7] [REFERRED TO]
NAZRUL HASSAN SIDDIQUI VS. PRESIDING OFFICER CENTRAL GOVENMENT INDUSTRIAL GOVERNMENT INDUSTRIAL CUM LABOUR COURT [LAWS(MPH)-1996-7-64] [REFERRED TO]
VITHOBA MARUTI CHAVAN VS. S TAKI BILGRAMI [LAWS(BOM)-1963-11-4] [REFERRED TO]
COOPER ENGINEERING LTD VS. D M ANEY [LAWS(BOM)-1969-8-5] [REFERRED TO]
BHARAT SANCHAR NIGAM LIMITED VS. INDUSTRIAL TRIBUNAL [LAWS(KER)-2007-12-13] [REFERRED TO]
AHMAD ALI ANSARI VS. CHAUDHARY SIA SARAN SINHA [LAWS(PAT)-1961-2-9] [REFERRED TO]
KHAGESH SARKAR VS. TATANAGAR FOUNDRY CO LTD [LAWS(PAT)-1961-3-17] [REFERRED TO]
WORKMAN OF JAMADOBA COLLIERY VS. EMPLOYERS IN RELATION TO JAMADOBA [LAWS(PAT)-1967-9-1] [REFERRED TO]
DIRECTOR HR USHODAYA ENTERPRISES PVT LTD VS. DY SECY TO GOVT STATE OF A P [LAWS(APH)-2012-10-5] [REFERRED TO]
KARTAR BUS SERVICE LTD. JULLUNDUR VS. GURDIAL SINGH AND OTHERS [LAWS(P&H)-1962-9-15] [REFERRED TO]
TEXMACO LTD. AND ORS. VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-3-15] [REFERRED TO]
ABDUL LATHEEF AND ORS. VS. COROMANDEL FERTILIZERS LIMITED AND ORS. [LAWS(APH)-2015-5-16] [REFERRED TO]
RAMNAGAR CANE AND SUGAR COMPANY LIMITED VS. JATIN CHAKRAVORTY [LAWS(SC)-1960-5-1] [REFERRED TO]
GOPI CHAND VS. EMPLOYEES STATE INSURANCE CORPORATION [LAWS(DLH)-2010-9-262] [REFERRED TO]
B C SHARMA VS. M L BHALLA [LAWS(ALL)-2005-3-162] [REFERRED TO]
MONTHLY RATED WORKMEN OF PEIREE LESLIE AND CO VS. LABOUR COMMISSIONER AND THE CHIEF CONCILIATION OFFICER [LAWS(KER)-1965-11-13] [REFERRED TO]
USHODAYA ENTERPRISES PVT LTD HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2012-10-86] [REFERRED TO]
MANAGEMENT OF SCHNEIDER ELECTRICIT BUSINESS INDIA PVT LTD VS. ADDITIONAL CHIEF SECRETARY; GENERAL SECRETARY [LAWS(KAR)-2016-2-428] [REFERRED]
WORKMEN OF HINDUSTAN MACHINE TOOLS LIMITED VS. C N NANJAPPA [LAWS(KAR)-1972-6-39] [FOLLOWED]
MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-10-212] [REFERRED TO]
MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-12-502] [REFERRED TO]
THE MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-12-545] [REFERRED TO]


JUDGEMENT

Gajendragadkar, J. - (1.)Can a registered trade union representing a minority of workmen governed by an award give notice to the other party intimating its intention to terminate the award under S. 19(6) of the Industrial Dispute Act 14 of 1947 (hereinafter called the Act) That is the short question which arises for decision in the present appeal. In answering the said question it would be necessary to examine the scheme of the Act and to ascertain the true meaning and effect of S. 19(6) on its fair and reasonable construction. The controversy thus raised undoubtedly lies within a narrow compass; but before addressing ourselves to the merits of the dispute, it is necessary to state the material facts which led to the present proceedings.
(2.)The present appeal has been brought before this Court by the Associated Cement Companies Limited (hereinafter called the appellant) against their workmen (hereinafter called the respondents), and it arises from an industrial dispute between them which was referred for adjudication to the Industrial Tribunal for the State of Saurashtra by the Saurashtra Government under S. 10(1) of the Act. Several items of demand presented by the respondents constituted the subject-matter of the reference. When the tribunal began its proceedings the appellant raised four preliminary objections against the competence of the reference itself. The tribunal heard parties on these preliminary objections, and by its interlocutory judgment delivered on March 10, 1958, it has found against the appellant on all the points. In the result it set down the reference for further hearing on the merits. It is against this interlocutory judgment and order that the appellant has come to this Court by special leave. Out of the four points urged by the appellant as preliminary objections we are concerned with only one in the present appeal, and that relates to the incompetence of the reference on the ground that the award in question by which the parties were bound has not been duly terminated under S. 19(6) of the Act inasmuch as the union which purported to terminate the said award represents only a minority of workmen bound by it.
(3.)The circumstances under which this contention was raised must now be stated in some detail. The appellant is a limited company and owns and runs a number of cement factories spread out in different States in India as well as in Pakistan. It has a factory at Porbandar in Saurashtra. The factory is known as the Porbandar Cement Works. An industrial dispute arose between the appellant and the respondents in 1949 and it was referred for adjudication to the industrial tribunal on March 22, 1949. This reference ended in an award made on September 13, 1949. Thereafter the said award was terminated by the appellant; and on disputes arising between it and the respondents another reference was made to the same tribunal for adjudication of the said disputes. A second award was made on July 24, 1951, by which the earlier award with slight modifications was ordered to continue in operation. In the proceedings in respect of both the references the appellant's workmen were represented by their Union called Kamdar Mandal, Cement Works, Probandar. It appears that the registration of the said union was cancelled on July 2, 1954, and that led to the formation of two unions of the appellant's workmen, the Cement Kamdar Mandal which was registered on July 7, 1954, and the Cement Employees' Union which was registered on September 18, 1954.
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