P.B.Mukharji, J. - (1.) This is an application under Article 226 of the Constitution by three workmen. It is a novel application. Its main purpose is to secure a mandamus to compel the Government to make a reference of an industrial dispute to an industrial tribunal.
(2.) The prayers in the petition seek for-the issue of a writ of mandamus calling upon the Government to recall, rescind and withdraw the order made in Memo. No. 416 I.R. dated the 8th February, 1957. That order is contained in a letter. The letter concludes by saying "Under the circumstances Government do not like to intervene in the matter any further".
(3.) The applicants now seek for a Constitutional writ of mandamus to compel the Government to intervene. In this letter, which is described as an order, the Government states that an enquiry was made into the industrial dispute between M/s Alkali Chemical Corporation of India Ltd. and their workmen. It says further that it transpires that "Sri Dandasi was transferred from the Fire Station to the Salt Dissolving Plant and not to the yard as alleged by the Union. The transfer was necessary as the management reorganised the Fire Station on a more efficient line. Your allegation that the transfer amounted to demotion has not been found to be correct. Sri Madan Gurang, the Security Darwan, was dismissed for gross negligence of duty which he committed by leaving the gate unguarded without permission from any higher authority. Sri Bejoy Patra was charge-sheeted for taking the company's lorry out of the factory without driving licence. Moreover, he has been found to be responsible for the loss of a tyre which was in the lorry when he took it out. From the evidence produced by different witnesses it has been established that Sri Patra is guilty of the charges made against him.";