Anil Kumar Sen, J. - (1.) In this Rule the dispute is over a conciliation proceeding initiated under Section 12 of the Industrial Disputes Act. 1947 by the Joint Labour Commissioner, respondent No. 3.
(2.) The petitioner, Kesram Industries and Cotton Mills Ltd. carries on an undertaking known as Kesram Rayon at Tribeni in the District of Hooghly Kesram Rayon Sramik Union (hereinafter referred to as the Sramik Union), respondent No. 4 (b) is a registered trade union of the workmen employed in the said Kesram Rayon undertaking. On (June 2, 1969 the said Sramik Union put forward certain economic demands regarding dearness allowance, housing, canteen, incentive bonus, provident fund and various other items as incorporated in its charter of demands made annexure A to the Writ petition. Over such demands in September, 1969 the workers went on strike. It is not in dispute that on such demands a conciliation was gone into and on October 16, 1969 a settlement was arrived at in course of conciliation proceedings. In the said proceedings the workmen were represented by the said Sramik Union, the respondent no. 4 (b). In short, under the said settlement the workmen were given an interim increase of wages, bonus for the year 1969 was agreed to be paid at 20 per cent plus Rs. 5/- and all the other disputes raised on the union's charter of demands were to be referred to a tripartite committee to be constituted by the State Government, It was further agreed that such committee will be requested to give its decision within March. 1970 and pending such decision workmen would not raise any economic demand before the employer company.
(3.) Unfortunately, the State Government failed to constitute the tripartite committee envisaged by the said settlement until at a very late stage referred to hereinafter. Although, it had been pleaded by respondents 1, 2 and 3 in their affidavit that the delay in constituting the tripartite committee was due to delay in framing the issues on consultation with the parties, the fact remains that the disputes raised by the workmen having remained unresolved for a long time the workmen became restive. On May 4, 1970 the workmen through the said Sramik Union made a representation followed by a notice of demand dated June 12, 1970. In this demand they claimed that the tripartite committee must have its sitting within a fortnight and further that the disputes not having been solved within March 31, 1970 they must be given increased wages commensurate with the increase in the cost of living index in the meantime. The Joint Labour Commissioner, the respondent No. 3, called a tripartite conference on July 7, 1970 on such demands.;