B.N.BANERJEE, J. - (1.) BETWEEN the petitioner -firm and its workmen a long and protracted labour dispute was going on for some years. In course of that dispute the petitioner -firm dismissed several of its workmen on a charge of going Blow.
(2.) THERE was an industrial dispute raised over the dismissal of the workmen. This dispute was referred by the State Government to the first labour court for adjudication, in exercise of its powers under Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act). The notification under Section 10 bears the date 29 Jane 1959. The reference is admittedly a belated reference, late by about three to four years after the respective dates of dismissal. While the dispute was pending before the first labour court, the State Government constituted the sixth and the seventh industrial tribunals, by a notification, dated 11 July 1960, the notification constituting the first labour court was cancelled and later on by a notification dated 25 July 1960, the dispute, which was pending before the first labour court, was transferred (or more properly again referred) to the seventh industrial tribunal, after super session of the previous reference. The notification, dated 25 July 1960, is set out below: Whereas an industrial dispute exists between Wolverhampton Iron and Steel Company, 3/1, Kashi Nath Dutta Road, Calcutta -36 (hereinafter referred to as the company), and their workmen represented by the Wolverhampton Iron and Steel and Associated Concerns Workers' Union, 80. B.T. Road, Baranagore, Calcutca -36, relating to the matter specified in the schedule below, being a matter specified in the Schedule. II to the Industrial Disputes Act, 1947 (XIV of 1947); And whereas under the Government of West Bengal, Labour Department Order No. 2829/IR/10L -77/59 dated 29 June 1959, read with corrigendum No. 5511 -IR/IR/10L -77/59, dated 12 November 1959, the said dispute was referred to the first labour court constituted under notification No. 1025 -IR/IR/3A -3/57, dated 5 April 1957, for adjudication; And whereas the said first labour court has been replaced by the sixth industrial tribunal constituted under notification No. 3115 -IR/IK/3A -6/59, dated 21 June 1960, and has in consequence been abolished by notification No. 3508 -IR/IR/3A -9/59, dated 11 July 1960; Now, therefore, in exercise of the power conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947 (XIV of 1947), the Governor is pleased to refer to the Seventh Industrial Tribunal constituted under notification No. 3115 -IR/IR/3A -6/59, dated 21 June 1960, the proceedings of the industrial dispute between the said company and their workmen, relating to the matter specified in the schedule below for adjudication in super session of the orders contained in order No. 2829 -IR/IR/10L -77/69 dated 29 June 1959, read with corrigendum No. 5511 -I.R./IR/10L -77/59, dated 12 November 1959, referring the said dispute to the first labour court.
(3.) IN spite of the objection taken by the petitioner -firm to the effect that the notification dated 25 July 1960 superseding the previous reference and referring the same dispute to the seventh industrial tribunal was illegal, void and inoperative and that the tribunal had no jurisdiction to adjudicate in the matter, the seventh industrial tribunal assumed jurisdiction, heard the matter and made an award.;