BANDOOK KARKHANA MAZDOOR UNION Vs. PRESIDING OFFICER LABOUR COURT BHAGALPUR
LAWS(PAT)-1979-9-14
HIGH COURT OF PATNA
Decided on September 26,1979

BANDOOK KARKHANA MAZDOOR UNION Appellant
VERSUS
PRESIDING OFFICER, LABOUR COURT, BHAGALPUR Respondents




JUDGEMENT

Lalit Mohan Sharma, J. - (1.)The petitioners in this case have challenged the decision given by the Presiding Officer, Labour Court, Bhagalpur, in a reference case under the provisions of the Industrial Disputes Act, a copy whereof is Annexure '1' to the writ application. The petitioner no. 2 claims to be a workman under M/s Tridip and Company Gun Factory, Monghyr, respondent no. 2, and the petitioner no. 1 is the Labour Union.
(2.)It has been stated in the writ application that guns have been manufactured in the town of Monghyr for a long time and after establishment of the British rule, the business was organised specially by way of security measures. The Government provided the old jail campus in the town as the place for manufacture of guns and 35 factories were given space therefore that purpose. The entry inside the factory is regulated by gate pass issued by the police authorities which every workman has to take. The gate of the campus leading to the factory opens and closes at appointed hours during the day for security reasons by officers who are authorised to check the entry and exit of all persons including the workmen. The workmen who are employed in the factories get their wages on piece rate. Earlier they were disorganised, but have now formed a Labour Union, the petitioner no. 1. As the petitioner no. 2 became the active member of the Union, the Management male fide dismissed him. The Union cook up the case and ultimately the following dispute was referred under the provisions of the Industrial Disputes Act (hereinafter referred to as 'the Act') by the State Government :
Whether the dismissal of Sri Narain Sharma by M/s Tridip and Co. Gun Factory, Monghyr is justified ? If not, whether he is entitled to reinstatement or any compensation ?"

(3.)The Management denied the relationship of employer and employee within the mining of the Act between itself and the workman, petitioner no. 2. It was said that the workers engaged in gun manufacturing inside the old jail campus in Monghyr town are skilled artisan and technicians who obtained independent contracts for preparing specific parts of gun from different companies functioning in the campus and none of the managements of the manufacturing companies has any control over them. The workers are, in fact, independent contractors and the Industrial Disputes Act his no application whatsoever. The reference itself has been, on these grounds assailed. The allegations made on behalf of petitioner no. 2 in regard to the fasts in support of his case of mala fide were also denied.


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