- (1.) THIS appeal, under clause 10 of the Latest Patent, is directed against the judgment dated 10th August, 1998, passed in C.W.J.C. No, 1407 of 1996 (R) whereby the writ petition filed by the appellant challenging the award of the Labour Court has been dismissed.
(2.) THE undisputed facts are that the concerned workman was employed in TISCO Adityapur Complex, Gamharia where there was registered Trade Union, namely, TISCO Mazdoor Union. The concerned workman was the General Secretary of that union. In 1987, the appellant issued a circular on the basis of an agreement that ex -apprentice who used to be employed in NP -5 grade will be placed in NP -6 grade with effect from 1.7.1986. In accordance with the aforesaid agreement, followed by the circular, about 100 workman Including the concerned workman, Shri S.N. Singh, who were in NP -5 grade, were placed in the higher grade of NP -6. However, the management by an order dated 16.6.1988, reverted the concerned workman on the ground that the circular was not applicable to him. It was alleged by the concerned workman that he was victimized purely for his union activities. A dispute was raised at the instance of the Trade Union and it was ultimately referred by the Government to the Labour Court for adjudication. The terms of reference reads as under : "Whether to revert Shri S.N. Singh, Ticket No. 290089, operator Grade -3 Growth Shop Workman of M/s. Tisco Adityapur Complex, Gamharia (Singhbhum) by the management in lower pay scale of Rs. 655 -34 -1063 (NP -5) from 1.6.1988 is justified? If not, what relief he is entitled to - Labour Court after considering the pleadings of the parties, formulated several issues including that, whether reversion of Shri S.N. Singh in lower pay scale on NP -5 from NP -6 is justified, and whether the workman was victimized for his Trade Union activities, contravening the provisions of law and violated the principle of natural justice. The Labour Court also framed specific issues as to whether TISCO Mazdoor Union having Shri Sudarshan Nayak as President and Shri S.N. Singh as General Secretary, is properly constituted Trade Union under Trade Union Act. The Labour Court answers all the issues in favour of the workman and passed an award holding that the reversion of the concerned workman in lower scale is illegal and unjustified and the same was accordingly set aside.
(3.) LEARNED counsel for the appellant made two fold submission before the learned single Judge. Firstly, it was contended that the union, of which the concerned workman was representative, was not validly elected union and was not entitled to take up the cause of the workman and, secondly, it was not open to the Labour Court to hold that the reversion of the workman is by way of victimization because no such issue was referred to the Labour Court.;