- (1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India filed by the above-named petitioners challenging the Award of the Industrial Tribunal, dated January 25, 1984 published on September 29, 1984 and against the order of Joint Labour Commissioner, Rajasthan, Jaipur-II, dated March 19, 1985.
(2.) THE facts giving rise to the filing of this writ petition, briefly staled, arc that the petitioners are two separate establishments registered under the Small Scale Industries and the main occupation of both the establishments is manufacturing of cloth by power-looms. While petitioner No. 1 i. e. , Gulab Powerloom Factory, Madanganj at Kishangarh was established in the year 1966, Banwarilal Textile Factory, Madanganj, Kishangarh (petitioner No. 2) was established in the year 1976, both being sister Concerns. It is pertinent to mention that one Shri Ramniwas was an employee with Banwarilal Textile (petitioner No. 2) and had joined the said concern as a part-time Folder and was also an employee of M/s Gulab Powerloom Factory (Petitioner No. 1) and left the services of the said concern in the year 1977. The said workman is represented by respondent No. 2. i. e. , the Bunkar Karamchari Union, Madanganj, Kishangarh. It is contended in the writ petition that on November 12, 1980 the said workman approached the Manager of petitioner No. 2, in the factory premises and made a request to pay him a sum of Rs. 1000/-as an advance for treatment of his mother who was ailing and as such the aforesaid amount was advanced to him. The said workman-Ramniwas was not interested to do any job with the establishment of petitioner No. 2 and, therefore, he purchased 8 looms from one Nandlal and Rameshwar in January, 1980 and notwithstanding the fact, that he was continuing in employment of petitioner Np. 2, yet he was devoting maximum time for the development of the aforesaid powerlooms by carrying on his business independently and thus he was loosing interest in the folding work of the petitioner No. 2 and ultimately he left the service of petitioner No. 2 w. e. f. November 16, 1980. The said workman had in the meanwhile taken up another employment with M/s. Kejriwal Powerloom w. e. f November 16, 1980 and left the service of petitioner No. 2 on his own accord. It was further submitted that thereafter the said workman raised an industrial dispute through union, respondent No. 2, before the Labour Commissioner (respondent No. 3) on September 14, 1982 which resulted in failure report and thereafter the State Government made a reference to the Industrial Tribunal, Jaipur under Notification No. F. (l) (202) L and E/82, dated September 14, 1982 and the term of reference Was as under:- "whether the retrenchment of the workman Ramniwas Folder on November 17, 1980 by the management of M/s. Gulab Powerloom Factory, Madanganj, Kishangarh and by Management of M/s. Banwarilal Textile Factory, Madanganj, Kishangarhwas justified and if not to what relief the said workman is entitled. " Thereafter notices were issued by the Industrial Tribunal to the management of the petitioner as well as the Union (respondent No. 2) which filed a statement of claint before the Presiding Officer, Industrial Tribunal, Jaipur (respondent No. 1 ). It was contended in the statement of claim on behalf of the workman by the Union that the said workman was a Folder initially in Gulab Powerloom Factory but sometime later in the year 1976 M/s Banwarilal Textile Factory was also established and the management of both the Concerns looked-after the welfare of the said workman. The management of both the Concerns was common and was looked-after by one Shri Hanuman Prasad who was the Manager of the said Concerns.
(3.) IT was contended by the Union that Ramniwas worked in the management of the petitioner's powerlooms as a Folder upto November 14, 1980 but the management refused to take him on duty w. e. f. November 17, 1980. It was further contended on behalf of the workman by the Union that industrial dispute was raised before Conciliation Officer, Ajmer which was accordingly registered and ultimately was referred by the State Government before respondent No. 1 i. e. , Industrial Tribunal, Jaipur vide statement of claim (Annexure -1 ).;