- (1.) In this application under Article 226 of the Constitution of India, Parry's (Cal.) Employees' Union and its Secretary feature as the petitioners. The Union is a Registered Trade Union under the Indian Trade Union Act, 1926. The instant application is directed against the impugned order being Order No. 47 dated 7th July, 1994 passed by the learned Second Industrial Tribunal, West Bengal in dispute Case No. VIII-234/90 in terms of Government of West Bengal Labour Department Memo No. 1722-IR dated 24.9.90. The State Government made a reference to the Second Industrial Tribunal, West Bengal in connection with a dispute between Messrs. Parry and Co. Ltd., Dare House, Madras and their workmen represented by Parry's, (Cal.) Employees' Union, Durgacharan Mitra Street, Calcutta on the issues as stated below :- "Whether the closure with effect from 3.6.1989 of the Calcutta Branch of Messrs. Parry and Co. Ltd. was bonafide one or was a device or a pretence to determine the services of the workmen To what relief, if any, are the aforesaid workmen entitled - When the industrial reference was pending before the learned Tribunal, the writ petitioners herein made an application before the said Tribunal for making E.I.D. Parry (India) Ltd. a party to the dispute on certain grounds. The grounds were that the employees of both the Companies were governed by the same terms and conditions of employment and were treated under the same management, that there was unity in finance, that the appointing authority, transferring authority and medical examination of the employees of E.I.D. Parry (India) Ltd. were controlled by Parry and Co. Ltd. etc. etc. The learned Tribunal gave an opportunity to show cause by proper notice upon E.I.D. Parry (India) Ltd. why that Company should not be brought on record. After hearing both the sides at length the learned Tribunal has been pleased to hold that there was no justification in allowing the prayer of the Union for adding E.I.D. Parry (India) Ltd. as party to the dispute.
(2.) Being aggrieved by and dissatisfied with the impugned order the writ petitioners have come before this Court on the grounds, inter alia, that the impugned order dated 7.7.1994 is arbitrary, mala fide, that Messrs. E.I.D. Parry (India) Ltd. is a necessary party for the purpose of proper and effective adjudication of the dispute involved in the proceedings before the learned Tribunal and that the said order is perverse and patently illegal.
(3.) The writ application is hotly contested.;