- (1.) THE short point involved in this case is, whether the dispute referred to by the Government of West Bengal to the Eighth industrial Tribunal for adjudication is an "industrial dispute" within its meaning as defined in section 2 (k) of the Industrial Disputes Act, 1947.
(2.) THE petitioner Union raised a dispute before the State of West Bengal over the appointment of new hands in Class IV posts in the Conservancy and Motor Vehicle Departments of the Calcutta Municipal Corporation in preference to the claims of the sons and relatives of the retired/deceased scheduled Caste and/or Scheduled Tribe employees of those departments. Being satisfied that an industrial dispute existed between the Calcutta municipal Corporation and their workmen represented by the Calcutta municipal Corporation Harijan Mazdoor Sangha over the issue, the State government, referred the matter to the Eighth Industrial Tribunal for adjudication of that dispute. After receipt of the reference notices were issued upon both the parties and they filed their respective written statements. Subsequently, the Calcutta Municipal Corporation moved a petition before the Eighth Industrial Tribunal for deciding the following issues as preliminary issues :- (i) If the preference of employment of the sons and relatives of the deceased/retired employees of a particular department, class and caste/tribe can constitute Industrial Dispute when the issue in reference does not disclose or complain any breach of statutory or contractual obligation. (ii) Is the issue vague, bad in law and not answerable. Tribunal was pleased to take up hearing of the preliminary points suggested by the Corporation. The union, namely, Harijan Mazdoor Sangha filed a rejoinder on 29. 2. 80. Both sides have argued in length before me on the preliminary issues as suggested by the Corporation In addition Corporation filed a written argument".
(3.) THE Eighth Industrial Tribunal by its Award dated 7th May. 1980 decided the said preliminary issues against the petitioner Union holding interalia, that the dispute referred to the said Tribunal for adjudication by the State Government was not an 'industrial dispute' and as such, the tribunal had no jurisdiction to adjudicate upon the issue as contained in the order of reference. The said decision of the Eighth Industrial Tribunal (Annexure "d" to the writ application) is the subject matter of challenge in the present Rule. The Rule has been contested by the Calcutta Municipal corporation by filing affidavit-in-opposition to which the petitioner Union also filed its reply. The petitioner Union also made an amendment petition on 30th August, 1982 in connection with the Civil Rule, annexing a rejoinder dated 29th February, 1990 filed before the Eighth Industrial tribunal (Annexure "b" to the said subsequent application) raising inter alia, the following points for consideration amongst others :- " (a) that an industrial dispute" may exist in respect of any kind of difference between employer and employer or between employer and workmen or between workmen and workmen; (b) that the appropriate Government in exercising the powers conferred under Section (10) of the I. D. Act, 1947, is not legally bound to disclose or complain any breach of statutory or contractual obligation in the order of reference; (c) that an soon as the Respondents stopped the age old benefit enjoyed by the workmen by way of employment of their sons and close relatives after their death and/or retirement, the workmen of Motor vehicles and Conservancy Departments represented by the trade union namely, Calcutta Corporation Harijan Mazdoor Sangha (Regd. No. 12130 ). raised the present industrial dispute, the validity and legality of which is beyond the scope of challenge. " along with the said rejoinder, the petitioner Union also submitted before the tribunal certain circulars for consideration, as stated in paragraph 7 of the said application which was filed on 30th August, 1982 in this Hon'ble Court. ;