Padma Khastgir, J. - (1.) The partners of the Orr Dignam & Co., a firm of solicitors being aggrieved by an interim order passed by the Fourth Industrial Tribunal moved the writ jurisdiction of this Court for necessary reliefs.
(2.) The first contention of the petitioners was that the practise of tho legal profession was dependent upon professional qualification, legal knowledge, experience and intellectual ability of the partners of the from and it was not an activity of commercial or industrial nature. The work carried on by the said firm is through their partners and assistants applying their legal skill and knowledge independently to each other. The firm, although employed a number of clerks, stenographers, typists, subordinate staff to do ministerial and other work of peripheral in nature but have no direct bearing on the practise or profess on of the partners. The co-operation of those employees is not essential for the partners to carry on their profession.
(3.) In the year 1982 Orr Dignam & Co s employees (hereinafter referred to as the said firm) commenced agitation for further increase of their emoluments and resorted 10 all sorts of devices including shouting slogans, putting up posters etc. Such activities distracted and diverted the attention of the partners from their professional work. To put an end to such activity the firm agreed to certain increase in the employee's emoluments and in turn the employees called off their agitation. On 4th March, 1982 an agreement was entered into between the firm and such employees According to the petitioners when the negotiations resulting in the agreement dated 4th March, 1982 were afoot, a number of subordinate staff including Car Drivers, Peons formed a separate union under the name and style of "Orr Dignam & Company Workmens Union, and presented a Charter of Demands to the firm and raised an industrial dispute before the Asst Labour Commissioner, Govt, of West Bengal. There it was the case of M/s Orr Dignam & Co. that the firm did not come within the purview of the Industrial Disputes Act, 1947 but in spite of that by a reference dated 9th of August, 1982, the Govt of West Bengal referred the purported industrial dispute stating to be existing between the firm and its employees to the Fourth Industrial Tribunal of West Bengal for adjudication of the issues in the nature of grades, scales of pay, medical aid and tiffin allowances. There the firm contended that the jurisdictional point to be heard and determined first as a preliminary issue and the respondents also made applications for interim reliefs which the firm opposed. The petitioners firm contended that lire activities of the firm did not constitute an industry within the meaning of Section 2 sub-section (j) of the Industrial Disputes Act, 1947 and so far the respondents claim for interim relief was concerned, the petitioners contended that prima facie no case had been made out by the respondents for such interim relief. Hence, no award could be passed by the Tribunal. In the course of hearing the petitioner gave evidence but no evidence was tendered on behalf of the respondents. After hearing the parties by order dated 23rd of May, 1984, the respondent Tribunal held overruling the petitioners contention that the firm was not an industry. Further the respondent Tribunal held that the respondent made a prim fade case for interim relief and were entitled to the interim relief and directed the firm to pay the subordinate staff the difference of the amount which the firm was giving to its other subordinate staff under the agreement dated 4th of May, 1982. It was the case of the petitioners that the tribunal had exceeded its jurisdiction and had acted without authority.;