- (1.) This is an appeal by special leave. It arises out of an application, to the High Court of Patna under Art. 226 of the Constitution, which has been summarily dismissed. It was filed against the Commissioner of Labour, Bihar and prayed that an order of his be quashed on the ground that he failed or refused, to exercise a statutory jurisdiction, vested in him and entitling the petitioner to certain relief, and that in doing so he acted on a palpably erroneous view of the law applicable to his case.
(2.) The petitioner before the High Court and the appellant before us, was an employee of the 'Tata Iron and Steel Co., Jamshedpur. On 23rd September 1947, he was appointed as a "Personnel" Officer in Personnel Department of the said Company. As such he was attached to the Company's Steel Welding Shop (Factory) No. 2 from September 1947 to December 1950. Thereafter his duties were assigned and he was attached to the Company's Ores, Mines and Quarries Department at Jamshedpur. From 29th April 1953, he was shifted to the Company's mines at Garumahishani, in the district of Mayurbhanj (Orissa State). While thus at Garumahishani the Company issued to him a letter on 27th November 1954, terminating his services with effect from 1st December 1954. This was done for alleged unsatisfactory work but without any formal enquiry. He appears to have had same prior indication of the proposed discharge. He accordingly sent an express telegram dated 14th November 1954, to the Labour Commissioner, Bihar, seeking immediate intervention and protection. He followed this up by a letter dated 17th November 1954, to the Labour Commissioner, Bihar (i.e. ten days prior to the order of discharge) complaining that the decision reported to have been already arrived at by the Management of the Company to terminate his services was arbitrary; unjust and amounts to victimisation. His case is that he was throughout a Welfare Officer within the meaning of the Factories Act, 1948 and entitled to statutory protection against such arbitrary discharge by virtue of certain statutory rules under the Factories Act. The Labour Commissioner rejected his request for protection on the ground that though the appellant was originally employed in the Personnel Department to the Company at Jamshedpur, he was transferred to another establishment in a different State and hence the jurisdiction of the State Government of Bihar and the Labour Commissioner automatically ceased. It is against this order of his that the appellant went up to the Patna High Court by means of an application under Art. 226, which, as already stated, was summarily dismissed. It is against the summary dismissal that this present appeal by special leave has been brought.
(3.) The Tata Iron and Steel Co. was not made a party to the application under Art. 226 in the High Court but the General Manager of the Company was made respondent No.2 in the application for special leave to this Court, respondent 1 being the Commissioner of Labour, Bihar. When the appeal came up before us, we heard it for some time and then the appellant was permitted to file an affidavit for clarifying certain matters which we felt to be necessary for a proper disposal of the case in the light of the contentions raised before us. Respondent 2 was given time to file a reply thereto. This as well as the rejoinder by the appellant have since been filed. We have reheard the appeal. For a proper appreciation of the contentions raised, it is necessary to notice a few of the provisions of the Factories Act and some of the relevant rules made thereunder.;