- (1.) Heard Mr. S. S. Dey, learned counsel for the petitioner. By means of this writ petition, the petitioner i.e. Ms. Buildworth Pvt. Ltd., a company registered under Companies Act, seeks to challenge the order dated 7.6.2012 passed by the learned Presiding Officer, Labour Court, Guwahati, rejecting the prayer of the petitioner to frame a preliminary issue on the points of maintainability of the petition filed by the respondents No. 2 and 3 under Section 33-A of the Industrial Disputes Act, 1947. The basic facts required to be stated for adjudication of the instant writ petition are as follows.
(2.) A dispute having arisen between the management of M/s. Buildworth Pvt. Ltd,. and their workmen, represented by Buildworth Shramik Union, the Govt. of Assam in the Labour Department made a reference to the Learned Labour Court, Assam at Guwahati to adjudicate upon the following issues :- "1. Overtime wages against works done in 2004 & 2005-06. 2. Annual normal increment due on 1-4-2005 & 1- 4-2006. 3. VDA since 2004-2005 and onwards. 4. Statutory bonus for the year 2005-06 and onwards. 5. Demand on pay revision w.e.f. 1-4-2006 and 1- 4-2009. 6. Gratuity, GPF etc to employees who left services. 7. Non-deposition of collected contribution - premium towards CPF, ESIS, LIC etc. And later the following issues are also incorporated in the charter of their demands for disputes by the union. These are - 8. Promotion /upgradation of services of the workers in the company. 9. Alleged illegal termination of service of Shri S.N. Singh by the management under the guise of accepting his disputed resignation later. 10. Alleged non payment of monthly salary of July, 2010 to the workers which was to be released on or before 7 th August, 2010. 11. Alleged breaches of law by management due to lock-out declared by them in their factory establishment w.e.f. 8.00 am of 5.8.2010."
(3.) The reference has been registered and numbered as Reference Case No. 6/2010. During the pendency of the said reference, the learned Labour Court issued notice dated 10.3.2011 to the petitioner management to file its objection against the MIsc. Application filed by the Labour Union under Section 33-A of the Industrial Disputes Act, 1947. For a ready reference, the Misc. Application filed by the employees' union is reproduced below :- "The complainant begs to state that the Management M/s. Buildworth Pvt. Ltd. has been guilty of a contravention of the provision of Section 33.1(a) of the Industrial Disputes Act, 1947 as below :- 1. That the Ref. Case No. 06/2010 is running before the Court of your Honour. The case was registered in accordance with the Governor Notification No. GLR.147/2003/201 dtd. 29.10.2010. 2. That Hon'ble Court of your Honour vide Memo No. LCG.476-77 dated 3.11.2010 was pleased to fixed for filling the Written Statements of the Parties first on 1.12.2010. While the Written Statement of the Workmen side is already filed, the same from the Management sides is yet to be submitted even after passing the following dates :- 18.12.2010, 30.12.2010, 24.1.2011, 15.2.2011 and 22.2.2011. 3. That there are 11 (eleven) issues in the Schedule of the Ref. Case No. 06/2010. The issue in Serial No. 11 is as under :- 'Alleged breaches of law by the Management due to lock-out declared by them in their factory establishment w.e.f. 8.00 am of 5.8.2010.' 4. That the lock-out in factory establishment of M/s. Buildworth Pvt. Ltd. was declared vide their Lock-out Notice dated 5.8.2010 and till date, the said notice is not withdrawn by the Management. As a result, the Workmen of Buildworth Pvt. Ltd. have been in out of gainful employment due to illegal and forceful lock-out in factory establishment of M/s. Buildworth Pvt. Ltd. 5. That in December, after receiving the Notice issued in Ref. Case No. 06/2010 from the Court of your honour, the Management has delivered of its product in two different consignment from their factory (MUD TANK SYSTEMS, ordered by Oil India Ltd, Duliajan). The Mud Tank Systems were in the factory of M/s. Buildworth Pvt. Ltd. in a stage of incomplete at the time of declaration of Lock-out. The Management had engaged hired workers to complete the Mud Tank Systems. Now the Management of M/s. Buildworth Pvt. Ltd has again engaged 25-30 hired workers to complete the C.F.T. Works ordered by Digboi Refinery in their factory. 6. That in such fact and situation, showing willingness of the workers to attend their works in the factory of M/s. Buildworth Pvt.Ltd., a Demand Notice for lifting the Lockout Notice Dated 5.8.2010 was again issued and mailed under Speed Post on 1.2.2011 to the Management, but till date, no response is found from the Management. 7. That the Management has not lift their Lockout Notice dated 5.8.2010 and without lifting their Lock-out Notice dated 5.8.2010 or obtaining expressed permission from honourable Court of Your honour, the Management has started works in their factory establishment and engaged hired workers to complete works order to the prejudice of workers. The Management, has, thus, contravened the provision of Section 33(1) (a) of the Industrial Disputes Act, 1947. It is therefore prayed, Hon'ble Court may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper.";