- (1.) THE General Secretary, Labour Union, Gobindgurh, issued a notice to (i) The manager, M/s. Bhiman Steel Rolling Mills, Gobindgarh; and (ii) the Conciliation Officer, Ludhiana, which was as follows: We hereby tender the following demands notice against M/s. Bhiman Steel Rolling Mills, Gobindgarh: That the management has wrongfully terminated the services of Shri Algu Ram, tongaman, on 19. 4. 67 without any rhyme and reason. The union demands that his wrongful termination be set aside and be should be reinstated on his old post with compensation for the period of forced unemployment.
(2.) ON the failure of the conciliation proceedings the Labour Commissioner, Punjab, made a reference to the Labour Court, Jullundur, for adjudication of the following dispute: Whether the termination of services of Shri Algu Ram, tongaman, by the management is justified and in order? If not to whit relief/exact amount of compensation is he entitled? The Labour Court held that the action of the management in terminating the services of Algu Ram was mala fide and illegal and that the workman was entitled to be reinstated with back wages.
(3.) THE management filed Civil Writ Petition No. 3357 of 1968 questioning the award of the Labour Court primarily on the ground that the reference by the Labour Commissioner was itself without jurisdiction as the dispute was raised by the union and it was, therefore, a collective dispute and not dispute between an individual workman and management. According to the management only individual disputes could be referred by the Labour Commissioner for adjudication and not collective disputes. Reliance was placed upon the decision of Balraj Tuli, J. , in British India Corporation Ltd. v. Mohd. Sadiq (1953) 44 F. J. R. 43. This contention was accepted by the learned single Judge and the award of the Labour Court was quashed. The workman Algu Ram, has preferred this appeal under clause "x" of the Letter Patent.;