- (1.) THIS writ petition arises out of an industrial dispute between the petitioner-Corporation and the respondents Nos. 2, 3 and 4 who are (1) Rajasthan State Roadways Karamchari Sangh, Jaipur; (2) Rajasthan State Roadways Corporation Karamchari Sangh, Jaipur; and (3) the State Roadways Workshop Union. The dispute was referred by the Government of Rajasthan under Section 10 (l) (d) of the Industrial Disputes Act, 1947 for adjudication by the Judge, Industrial Tribunal, respondent No. 1. Subject-mutter of reference are seven disputes contained in seven separate questions. Question No. 3 relates to the dismissal of the six employees of the central workshop of the Corporation. The Tribunal by the impugned award found their dismissal invalid and ordered their reinstatement with full back wages. He left the other questions to be decided at a subsequent stage. The Corporation has challenged this award in this writ petition.
(2.) THE facts leading to this particular disputes are that on 28-7-69 one driver, Shri Fateh Sher Khan and one conductor of the Corporation, while on duty, were manhandled by some miscreants. They went to the concerned police station to lodge a report. The police instead of writing the report and taking action against the miscreants put Fateh Sher Khan under lock-up and he was not released till 2-30 p. m. This news caused stir among the employees of the Corporation and some of them approached the management to intervene and take suitable action against the police action. The management did not appear to have listened to their request. The result of this was that the employees of the Corporation resorted to a tool down strike from 2-30 p. m. to 4-30 p. m. the rest of the working hours of the day. The strike also spread in the central workshop where the six workmen were employed. The management charge-sheeted the six workmen who are respondents Nos. 5 to 10 and two others. Shri A. C. Sethi was entrusted with the domestic inquiry and he found the six respondents guilty of the charges levelled against them. In consequence of the inquiry the management dismissed the six employees from service. Since some disputes regarding payment of wages according to Ranawat Commission and the Central Wage Board recommendations, for payment of bonus; for the confirmation of the temporary employees, etc. , were already pending, the two sunghs and the union sponsored the cause of these six employees. It was in these circumstances, the Government of Rajasthan referred all the disputes including the one arising out of the dismissal of these six workmen to the Industrial Tribunal. The Tribunal by its order dated 15-10-1971 gave the award so far the dispute No. 3 was concerned as aforesaid. The award was published on 25th November, 1971 under Section 17 of the Industrial Disputes Act.
(3.) LEARNED Counsel for the Corporation has contended that the Judge, Industrial Tribunal did not act within his jurisdiction in deciding the dispute piece-meal. According to him there is no provision under the Industrial Disputes Act which empowered the Tribunal to give a part-award. On the other hand, Mr. Mridul, learned Counsel appearing on behalf of the workmen, submitted that the the questions referred were not inter-connected, and the question No. 3 in particular, having no relation with the other questions, the Tribunal in deciding the dispute relating to the dismissal of the workmen as a part-award, committed no error of jurisdiction.;