- (1.) This appeal, by special leave, arises out of a reference dated August 13, 1964 made by the Government of Bihar to the Labour Court, Patna. The reference required adjudication of the question whether the dismissal by the appellant-company of the 10 workmen mentioned therein was proper and justified, and if not, whether they were entitled to reinstatement or any other relief.
(2.) Before the Labour Court, the management challenged the validity of the reference on the grounds: (a) that it was invalid a;; the copy thereof served on the management was not accompanied by a statement of the workmen's demand as required by rr. 13 and 14 of the Bihar Industrial Rules, 1961, (b) that the dispute was not an industrial dispute as it was not sponsored by the recognized union or , by a substantial number of workmen and (c) that a letter dated June 25, 1964 addressed by the Pradip Lamp Works Karamchari Sangh (a union which was a rival union of the one recognised by the management) to the Government could not form the basis of the reference. The Labour Court found no substance in any one of these preliminary objections and Held the reference valid, Hence this appeal.
(3.) The contention which counsel for the management urged before us was that there were no conciliation proceedings before the conciliation officer, and that therefore, the failure report made by him to the Government was not true. Consequently, there was no valid report before the Government which could be the basis of the reference in question. An additional contention sought to be raised was that the dispute on which the said reference was made was not an industrial dispute. The questions raised by counsel are thus partly of fact and partly of law, namely, whether there were in fact concilliation proceedings, and even if so, whether the dispute not having been sponsored by the recognised union was an individual and not an industrial dispute upon which no reference could be made under Section 10(1) of the Industrial Disputes Act, 1947.;