WORKERS AND STAFF ASSOCIATION OF GOVT SOAP FACTORY Vs. STATE OF MYSORE

JUDGEMENT

(1.) Workers and Staff Association of Government Soap Factory, the Petitioner, was formed in 1963 and registered as a Trade Union under the Trade Union Act. In 1964, it was recognised by the management. At that time it was the only Union of the workers or employees of the Government Soap Factory. Various questions relating to pay scales, emoluments and amenities as well as conditions of employment were subject of a settlement or agreement between the Petitioner-Association and the Management in March 1964. It was reduced into writing on the 30th of that month and was to remain in force for a period of three years.

(2.) When the currency of the said settlement came to an end (it is also stated that shortly before 30th March 1967 the Petitioner had issued a notice of termination), the Petitioner Association submitted a detailed charter of demands. As the management did not show any inclination to accept the same, the Petitioner moved the Conciliation Officer to intervene. During the pendency of the conciliation proceedings another Union of the Workers appears to have been formed by name the Govt. Soap Factory Employees' Union. This Union intervened in the conciliation proceedings in November 1967. It appears from the report made by the Conciliation Officer that the said Union also presented a charter of demands or otherwise pressed its own demands on the same matters as were covered by the charter of demands made by the Petitioner-Association. Ater some time the said Union ceased to take further interest in the conciliation proceedings on the report or representation that it was trying to enter into a settlement with the management on the matters raised in the charter of demands. The Petitioner-Association, however, pressed its demands and also offered to go into voluntary arbitration. As the management did not accept either the demands or the suggestion to submit the matters to voluntary arbitration the Conciliation Officer was left with no other alternative but to make a report to the Government of failure of conciliation proceedings. He did so and the report was received by the State Government on 6th January 1968.

(3.) According to the case presented in the affidavit in support of the writ petition, the Petitioner, finding that no action had been taken by the State Government for several weeks it started writing reminders to the Government requesting them to make a reference of the dispute under S.10 of the Industrial Disputes Act. As such correspondence did not bear fruit, some of the members of the Petitioner-Association also appear to have staged a hunger strike in relays before the Vidhana Soudha. As even the hunger strike did not bring about the desired result, the Petitioner came to this Court with this Writ Petition seeking the issue of a writ in the nature of a mandamus directing the Government to consider the report and take appropriate action.