AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: i. For the issuance of an appropriate writ, orders, directions or a writ in the nature of certiorari quashing the award pronounced on 17.11.2002 passed by the Respondent No. 1 as contained in Annexure -10 whereby and whereunder the reference has been decided in the affirmative by entitling the concerned 34 workmen, the same pay scale and other benefits as prevalent in the H.E.C. Ltd. ii. For the issuance of an appropriate writ, orders, directions or a writ in the nature of certiorari quashing the notification No. 14/D2 -28014/93(L&E) 407 dated 28th February, 1994 whereby and whereunder the alleged dispute was referred for adjudication before the Labour Court Ranchi by referring as to whether the concerned 34 workmen of H.E. C. Consumer Cooperative Stores were entitled to the same pay scale and to other benefits as prevalent in the H.E.C. Ltd. Dhurwa, Ranchi without impleading the H.E.C. Consumer Cooperative Stores as a party. iii. For the issuance of an appropriate writ, orders, direction to hold and declare that reference made under Section 10 of the Industrial Disputes Act as contained in Annexure -4 as grossly illegal and arbitrary as there did not exist any Industrial Dispute Vis -a -vis the concerned workmen and the management of H.E.C. Ltd. when according to reference itself the concerned workmen were employees of H.E.C. Consumer Cooperative Stores and not that of H.E.C. Ltd. and the reference being illegal and without jurisdiction and also bad for non - joinder of the necessary party i.e. H.E.C. Consumer Cooperative Stores and not maintainable as against the petitioner.
(2.) THE facts, in brief, are set out as under: The petitioner is a Government Company under the Companies Act, 1956 and all its members Directors are citizen of Indian and fully entitled to protection of their fundamental and other legal rights as guaranteed under the Constitution of India. In order to achieve its objective as contained in the Memorandum and Article of Association, it has employed employees of different categories in all its units namely, Foundry Forge Plant, Heavy Machine Tool Plant, Heavy Machine, Building Plant, Town and Administration division and the Medical Division and in order to meet various requirements of the employees living in the township, different infrastructure had grown - up of their own. One of such requirement was to have regular supply of ration and consumer goods on the process controlled ' by the Government and for the above purpose the employees of the H.E.C. ltd. formed a Cooperative Society of their own under the name and style of H.E.C. Employees Consumer Cooperative Stores ltd., Ranchi(hereinafter called as the Cooperative stores' for short) which was registered under the provision of Bihar and Orissa Cooperative Society Act, 1935 bearing Certificate No. 41/R of 1961. The said cooperative stores had its bye -laws duly approved by the authority under Bihar and Orissa Cooperative Societies Act having its defined objectives and other Rules for the proper functioning of the Cooperative Stores. The main amongst other objectives, was to arrange fur the purchase and sale to its members at reasonable rates the articles of consumption and for their domestic requirement and necessities of life. In order to fulfill the objectives, the Cooperative stores had opened a ration shop and grinding flour mill in the vicinity of township. In order to run the business of the Cooperative stores it had employed its own employees and the petitioner had nothing to do with it. However, initially the cooperative stores functioned well but later due to opening of large number of shop and establishments in the vicinity of township the shop of fair price and other shops run by the individuals the business of the Cooperative stores came down and it started incurring huge loss. Accordingly, Hatia Project Workers Union, being the recognized union approached the Management Company and also the conciliation machinery to sort out the problem and with the intervention of conciliation machinery the Management entered into a tripartite Settlement on 19.06.1970 In respect of 53 persons who were working as regular employees and 16 as muster roll employees in the said Cooperative stores. Accordingly as per agreement/settlement candidates were absorbed by the; Management. However, the Management vide its letter dated 19.6.1970 under the signature of the then Chief Personnel clarified that employees of Cooperative Stores who were appointed after the date of Agreement/Settlement would not be considered for employment in the petitioner company as internal candidates and would not be entitled to any other benefit from the petitioner.
(3.) THEREAFTER , a dispute was raised and the following reference vide case No. 3/94 was made vide notification dated 28.2.1994 to the labour Court, Ranchi for adjudication. Whether not to give pay scales and other benefits like regular employees of H.E.C., Dhurwa, Ranchi to the workmen Sarbashri (1) Mahabir Prasad, (2) Bharath Roy, (3) J.N. Baraik, (4), C. Kerkatta, (5) Nathuni Singh, (5) A. Surin, (7) T.N. Singh, (8) K.M. Jha, (9) B. Sharma, (10) Jaybir Jha, (11) Manikchand Prasad, (12) J.M. Jha, (13) Gautam Roy, (14) Bishwanath Prasad, (15) V.N. Jha, (16) Pitambar Thakur, (17) A.K. Singh, (18) S.N. Mishra, (19) R.K. Singh, (20) R.D. Singh, (21) Bhagi Mahto, (22) S.K. Dutta, (23) Yogendra Singh, (24) Sudarshan Singh, (25) Mahesh Thakur, (26) Birendra Tiwary, (27) Mahali Oraon, (28) Md. Ashaget Ali (29) Ganga Bahadur, (30) Mahant Prasad, (31) Singhasan Singh (32) Niwash Singh, (33) Rajendra Singh and (34) Md. Jalil of H.E.C. Consumers Co -operative Stores is proper? If not, what relief these workmen are entitled to?;