- (1.) THERE are before me in this application four petitioners. The first petitioner is the Brahmo Samaj Education Society, a Society registered under the Societies Registration Act. The second petitioner is the Secretary of the said Society. Tie third petitioner is the City College (General) situated at 102/1, Amherst Street, Calcutta and the fourth petitioner is the City College (Commerce) situated at 13, Mirzapur Street, now 13 Surya Sen Street, Calcutta. On the 22nd August, 1958 the Government of West Bengal, in exercise of powers conferred upon it by section 10 of the Industrial Disputes Act, 1947 referred an industrial dispute, alleged to exist between the Colleges named in the list attached to the order of reference and their non-teaching staff represented by west Bengal College Employees' Association, relating to the issues mentioned therein. The colleges mentioned were the City College (General) and the City College (Commerce) being the petitioners Nos. 3 and 4. The disputes that were referred for adjudication before the 4th Industrial Tribunal were related to fixation of grades and scales of pay of different categories of employees, dearness allowance, house allowance, holidays, duty hours and provident fund. On the 8th September, 1958 the two colleges received two notices from the Chairman of the 4th Industrial Tribunal whereby they were informed that the hearing of the disputes will take place on the 16th September, 1958. The petitioners Nos. 3 and 4 took the objection that the alleged disputes were not 'industrial disputes' within the meaning of the expression as used under the Industrial Disputes Act, 1947. As the Tribunal did not allow this objection, this rule has been taken out. Originally, in this application only the two colleges were made parties as the petitioners. Subsequently, the petition has been amended by putting in the Brahmo Samaj Education Society and its Secretary as the petitioners Nos. 1 and 2. The ground made out is that the 'petitioner', with out stating which of the petitioners is meant thereby, was purely an educational institution, with the main object of promoting and developing educational services in Calcutta and that it was not an 'industry' under the Industrial Disputes Act and that the disputes referred were not between the employer and employees. In order to understand this petition, it is necessary to investigate into the nature, origin and constitution of the two colleges mentioned above. In the University of Calcutta Calendar it will be found that there is only one affiliated institution namely, 'city College, Calcutta'. Under the heading 'general Department', a short history is given of its establishment and development. It is stated that the institution owed its origin to a wide-spread education movement in Bengal towards the later part of the 19th Century the City College was first started as a high school by the late Ananda Mohan Bose, on the 16th January, 1879 in collaboration with two other illustrious figures. Pundit Sibnath Sastri and Surendra Nath Banerjee. F. A classes were opened in 1881 B. A. classes in 1884. Thus, the school developed into a first grade college within a comparatively short period of 5 years of its establishment. It was found necessary to erect a building for the college at 13. Mirzapur Street. The college was opened in December, 1884 in 1888, it was made over to a Body of Trustees by the founder of the institution, Mr. Ananda Mohan Bose. In 1905, the college was placed under the control of a society registered under Act XXX of 1868 and called the City College Institution, which is now known as the 'brahmo Samaj Education Society'. Coming to the "commerce Department" it is stated that the Commerce Department was started on a modest scale in 1939 at 13, Mirzapore Street, to impart instruction in the evening particularly to those who are employed daring the day time. Thereafter, the department has expanded almost beyond recognition. Before I proceed further, I must deal with the Memorandum of Association of the Brahmo Samaj Education Society, formerly known as the City College Institution. This Memorandum shows that the object of the Society was primarily to promote the cause of education in its highest and widest sense. The second object was to acquire buildings and other properties, movable and immovable "of the present college and school known, and now being carried on in the town of Calcutta and at Mymensing, as City College and School, and to take over the liabilities thereof and to carry on the same. " The third object is "to establish schools and colleges in Calcutta and elsewhere. " The 19th object as mentioned in the Memorandum runs as follows: - "to publish and undertake the publication of text books and other useful books or papers for the furtherance of the objects of the Society. "
(2.) THE last object is to do all such other things as may be incidental or conducive to the attainment of the objects mentioned in the Memorandum including object No. 19 mentioned above. I direct that the copy of the Memorandum handed over to me be marked as an Ext. and placed on the records. It appears from the facts stated before me that at least the City College (Commerce) has got a well-organised publication section, where a number of books have been published. The publication section publishes various books and magazines not necessarily confined to the matters taught in the Commerce Department. The books are printed and published by the publication section. For example, there is a book called 'introduction to Companies Act, 1956' which is stated to be a monograph on the complicated Companies Act, 1956. There is another publication called 'west Bengal Land and People'. The publication and sale of these books has become a part of the activities of the College and these publications are sold by the College as also through its selling agents in the open market. I have been handed a publication which was issued by the publication section of the City College Commerce Department, described as "foundation Day Souvenir 1954. " It appears from that publication, which I direct also to be made an Ext. , and placed on the record, that the City College Commerce Department has now attained a vast proportion. This also appears from the affidavit filed by Gour Mohan Ghorai affirmed on the 13th April, 1959. Talking about the colleges as a whole, it appears that the number of students, including the women's department which was opened in 1943, would be about 16000, and the annual income from the tuition fees is about Rs. 20 lakhs. The colleges own extensive properties including premises No. 102/1, Amherst Street, 13 Mirzapur Street and 27/3 and 28, Kankulia Road, Calcutta. The colleges own building, lands, laboratories, workshops, commercial museum, hostels and a rest house at Ghatshila. It appears that apart from these things there are many extracurricular activities. There is even a co-operative society. It appears from this publication that during 15 years of its existence, the commerce department has catered for over half a lakh of students from all parts of India. The commerce department alone maintains three separate centers and 5 distinct units, with centralised control and administration. It is stated that the City College is affiliated to the Calcutta University, but that the department of commerce and business organisations have been separately recognised by the Ministry of Education. Government of India for the purpose of presenting candidates for the national diploma and certificate examination in commerce. This section of the college is also recognised by the Government of West Bengal for preparing candidates for the G. C. I. Board Examination in shorthand and typewriting. Talking about the administrative set up of the commerce department we find the following:- "the supreme control of the Institution is vested in the Governing Body, known as the City College Council, composed as provided in the Memorandum of Association of the Brahmo Samaj Education Society, of 10 representatives of the Sadharan Brahmo Samaj, 3 representatives of the staff of the different departments, 2 ex-officio members, 2 co-opted members and the Joint Secretary elected by the Council so formed. The Council exercises its control over this Institution partly direct and partly through the College Committee, comparatively a small and business-like body, to which it delegates some of its powers and functions, the Principal and the Vice-Principal being the ex-officio Chairman and Secretary respectively to the Committee. "
(3.) AS set out in the said publication, the Executive Head of the Institution is the Vice-Principal. I find, however, that in annexure 'a' to the affidavit of Gour Mohan Ghorai, an order has been set out dated 28th May, 1955, made by A. K. Sen signing as "principal, City College, Commerce Department" to the effect that the designation of the Vice-Principal-in-charge of the Commerce Department will be changed to Principal, Commerce Department of City College. It is, however, stated that the principal of the Department will remain as before, under the general supervision and direction of the Principal of the College. In another communication by the Principal of the Commerce Department set out in Annexure 'a' to the said affidavit, it has been stated that the Principal of the City College, 102, Amherst Street, Calcutta, was the person recognised by the University for the College, of which the Commerce Department was merely a part. It is stated that the Principal of the College is also the Secretary of the Governing Body. I might mention here that there is a Union of Employees in this College. I find in the annual Magazine of the College called "sanchayan" that there is a City College Employees' Union and there is an article in the said Magazine stating that the Union had several conferences at which members of the ministerial and lower subordinate staff passed several resolutions, particularly that the College Authorities and the Government of West Bengal should consider their helpless state and try to improve their conditions of service by introducing suitable scales of pay and adequate dearness and other allowances, with due regard to their livelihood. It also appears that the first respondent, namely, West Bengal College Employees' Association, furnished a charter of demands through the Labor Commissioner, Government of West Bengal for framing scales of pay for the non-teaching staff and other demands. There appears also to have been conciliation proceedings.;