Bose, J. - (1.) This is an application under Article 226 of the Constitution for an appropriate writ directing the Chairman and Members of a Court of Enquiry appointed by the Government under the Industrial Disputes Act to cancel or recall an order passed by them and dated 8-5-1951.
(2.) In July and August 1946 the petitioner company purchased from the Government of India a large number of vehicles which the Government disposed of as surplus. Such vehicles were parked in five depots viz., Jodhpur, Sodepur, Ondal, Brooklyn and Konnagar. As the vehicles required repair and reconditioning the company set up establishments at these five depots for carrying out the work of reconditioning and repair. Workmen were recruited and employed at such establishments. The establishments carried on work smoothly for some time but thereafter the business gradually deteriorated and the petitioner company had to economise expenses and was ultimately obliged to close down the depots between June 1949 and July 1950. It is alleged in the petition that as the Konnagar workshop became an unnecessary burden it was finally closed down on 29-7-1950 and the petitioner company discharged the workers employed there by issuing a notice dated 28-7-1950. After the issue of the said notice large number of workers approached the company and an amicable arrangement was arrived at between the petitioner and the said workers as regards compensation payable to them and 79 persons accepted compensation and left the petitioner's service but 58 persons refused to do so with the result that an industrial- dispute arose between 'the company and the workers of the Konnagar depot represented by two Unions, viz., The Allen Borry Mazdoor Congress and The Allen Berry Head Office Employees Union. The said industrial dispute was referred by Government notification dated 17-8-1950 to an Industrial Tribunal under the Industrial Disputes Act. During the pendency of the proceedings before the Industrial Tribunal the Government of West Bengal by a notification dated 16-11-1950 appointed a Court of Enquiry with the first three respondents as its Chairman and Members. The said notification runs as follows: "Government of West Bengal Labour Department Notification Calcutta, 16-11-1950. No. 6550-Lab. Whereas Messrs. Allen Berry & Co. Ltd. of 62 Hazra Road have within about 12 months closed down 6 of their depots and workshops at Jodhpur, Sodepur, Howrah, Brooklyn, Ondal and Konnagar in rapid succession throwing out of employment about 2,745 workers; And whereas the industrial dispute existing between the said company and their workers relating to the closing down of their depot at Konnagar has been referred to an Industrial Tribunal for adjudication: And whereas the reason for the closing down of the depots and workshops referred to above in quick succession" (hereinafter referred to as the said matter) appears to be a, matter connected with and relevant to the said industrial dispute; Now, therefore, in exercise of the powers conferred by Section 6 and Section 10, Industrial Disputes Act, 1947 the Governor is pleased hereby to constitute, for enquiring into the said matter, a Court of Enquiry, and the said matter is hereby referred for enquiry, to the said Court of Enquiry consisting of the following three independent persons viz.; (1) Sri A. Das Gupta-District Judge, (2) Sri H. D. Choudhury-Director of Engineering. (3) Sri B. P. Roy-Registrar, Joint Stock Companies West Bengal. and appoint the said Sri A. Das Gupta, the District Judge as the Chairman of the said Court of Enquiry. The said Court shall meet at such places and on such days as the Chairman may direct. By order of the Governor D. S. P. Mookerji Jt. Secy, to the Govt. of West Bengal."
(3.) On 16-12-1950 the Industrial Tribunal made its final award. Both the petitioner and the workers appealed from the said award to the Labour Appellate Tribunal on 9-2-1951. Towards the end of March 1951 all outstanding disputes between the petitioner and its workers were amicably settled. On 29-3-1951 the parties before the Appellate Tribunal filed an agreement containing the terms on which the industrial disputes between them had been settled. On 30.3.1951 the Labour Appellate Tribunal disposed of the matter in accordance with the terms of settlement. It is alleged that thereupon the said industrial dispute came to an end. As the disputes had ceased to exist the parties who were before the Appellate Tribunal presented a joint petition to the Court of Enquiry on 10-4-1951 praying for withdrawal of the proceeding before the Court of enquiry but the court of enquiry was of the view that the settlement arrived at before the Appellate Tribunal did not dispense with the necessity of the enquiry as it did not touch the subject-matter of the reference before the court and by its order dated 8-5-1951 directed that the court would proceed with the enquiry from 21-5-1951 and called upon the company to file its account books and statement of stock, etc.;