COMMISSIONER OF LABOUR IN MYSORE BANGLORE Vs. MYSORE IRON AND STEEL WORKS LABOUR ASSOCIATION

JUDGEMENT

(1.) This appeal arises out of a civil petition No. 61/48-49 filed before this Court by the respondent under Section 45, Spe-cific Relief Act, praying for the issue of a Writ in the nature of Mandamus directing the Commissioner of Labour in Mysore to ascertain from the Mysore Iron and Steel works, Bhadravathi, whether certain demands of the respondent made under Section 10(3) of the Mysore Labour Act 1942 would be agreed to by the said Iron and Steel works. The learned Judge of this Court who heard the petition passed an order directing the issue of a writ as prayed for. It is against that order that this appeal has been preferred.

(2.) The respondent in this case is the Mysore Iron and Steel Works Labour Association. It is a registered body that came into existence under the provisions of Section 3, Mysore Labour Act which came into force in January 1942. In pursuance of Section 9(2) of the Labour Act, the standing orders of the Mysore Iron and Steel Works were settled by the Commissioner of Labour on 14-11-1942. In the meantime, the State Legislature passed another Act known as the Mysore Essential Services (Maintenance) Act in July 1942 making provision for the maintenance of certain essential services. This act is made applicable to all employment under the Government and power is reserved under Section 3 of the said Act to make it applicable to any employment or class of employment which the Government being of opinion that such employment or class of employment is essential for securing the Defence of India, the public safety, the maintenance of public order or the efficient prosecution of war or for maintaining supplies or services necessary to the life of the community. By a notification dated 17-9-42 the Government have made the Essential Services Act applicable to the Mysore Iron and Steel Works which is a Government concern under Section 3 of the said Act. Subsequently on 5-1-1945, the Government directed that for purposes of regulating the wages and conditions of service of persons employed in the said Works, the standing orders as settled by the Commissioner of Labour under Section 9, Mysore Labour Act 1942 be treated as rules framed under Section 6, Essential Services Maintenance Act. The said rules continued to be in force for some years and the respondent-Association is deemed to have acquiesced in the same.

(3.) On 24-3-1948 the respondent-Association gave notice through its President to the General Manager, Mysore Iron and Steel Works, Bhadravathi, under the provisions of Sub-section (2) of Section 10, Mysore Labour Act, desiring a change in the existing standing orders and other industrial matters in accordance with the statement appended in the annexuro thereto. Copies of notice of change were also sent to the Commissioner of Labour in Mysore and the Registrar of Associations in Mysore. The Labour Commissioner who is the appellant in this case is said to have sent a reply dated 30-3-1948 inviting the attention of the petitioner therein to Government Order No. S. R. 2971-78 L. W. 124-47-3 dated 28-2-1948 and stating that in the circumstances mentioned in the said Government Order the notice of change could not be negotiated by the Commissioner of Labour in accordance with the provisions contained in the Mysore Labour Act. The petitioner thereupon wrote to the Secretary to Government, General Department, and sent copies thereof to the Chairman, Mysore Iron and Steel Works, Bhadravathi, and the Minister for Law and Labour in Mysore, Bangalore. As he did not get the relief he sought for, he filed the petition on 20-12-1948 as stated above.