WINGS WEAR CORPORATION Vs. WORKMEN OF WINGS WEAR CORPORATION

JUDGEMENT

(1.) In this Letters Patent Appeal the main questions, among others, which have arisen are : (1) Whether the appropriate government can, in exercise of its power under Section 10(1) read with Section 12(5) of the Industrial disputes Act, 1947 (hereinafter referred to as the Act), in view of various decisions of the Supreme Court refuse to make a reference of an industrial dispute for reasons which purport to decide merits of the dispute ; and (2) whether the scope of that power has been altered by .Section IIA inserted in the Act with effect from 15th December, 1971.

(2.) Several workmen-employed by the appellant were chargesheeted for misconduct. Domestic inquiry was held against them. Charges against the six concerned workmen were found to have been substanfiated. Consequently, they were dismissed from service. The workmen, through their union, approached the Conciliation Officer and submitted two identical statements of claim, one in respect of five workmen and the other in respect of the remaining one of them. They challenged validity of their dismissal on the grounds that the inquiry was unfair, that no opportunity was given to defend their cases, that the management implicated them in many cases during period of strike to victimise them, and that their dismissal amounted to victimisation for taking part in trade union activities.

(3.) It appears that no settlement could be arrived at. The appropriate Government did not make a reference and the reasons therefore were communicated to the workers' union by a letter dated 18th August, 1971, hereinafter referred to as the impugned order. The workmen challenged it by a petition under Article 226 of the Constitution of India.