- (1.) These two appeals arise out of an Order passed by the High Court of Calcutta in appeal from the judgment of a Single Judge of that Court in the writ jurisdiction.
(2.) The dispute which is the subject matter of these appeals arose between M/s. Sur Enamel and Stamping Works (P) Ltd., on the one hand, and the Sur Enamel Sramick Union, representing the workers, on the other. The former will be described hereafter as the Company and the latter as the Sramick Union. It appears that some of the workers in the Company were also members of two other workers' Unions which operated in the Company's factory, and they are known as the Workers Union and the Employee's Association. Some workers appear to have been members of two or more Unions at the same time.
(3.) On February 29, 1960 the Sramick Union served a Charter of Demands upon the Company and also communicated the same to the Labour Commissioner. On May 2, 1960 the conciliation Officer took up the dispute. On August 2, 1960 the first meeting in the conciliation proceedings was held with the Sramick Union and the proceedings continued for a number of months. The proceedings failed ultimately on April 12, 1961. On April 17, 1961 the Conciliation Officer, Mr. S. Bhattacharya made a report under Section 12 (4) of the Industrial Disputes Act reporting the failure of the conciliation proceedings. On June 6, 1961 the State of West Bengal made a reference under the Industrial Disputes Act of an Industrial Dispute existing between the said Company and its workmen represented by the Sramick Union. The issues that were referred were as follows: (1) Revision of pay and dearness allowance. (2) Fixation of pay-grades and scales. (3) Profit bonus for 1959-60. (4) Gratuity.;