THE MANAGEMENT OF TECO TEA ESTATE Vs. THE PRESIDING OFFICER, LABOUR COURT AND ORS.

JUDGEMENT

(1.) THIS matter has come to me out of a difference between my two learned brors.

(2.) THE matter initially arose out or an application under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari, mandamus or any other appropriate writ for quashing the award given by the Presiding Officer, Labour Court, Assam, under the provisions of the Industrial Disputes Act, 1947. An industrial dispute was raised by the workmen of the Teok Tea Estate, represented by the Assam Chan Mazdoor Sangha, over the alleged demotion of Mugeswar Tanti, a labourer engaged as a fitter -mate by the Management of the Teok Tea Estate at the material time, and the dispute was referred to the Labour Court by the Government Notification No. CLR 262/59/6 of the 25th of May, 1959 on the following terms:

(3.) THE case of the workman Mugeswar Tati was that he was employed as a fitter -mate by the Manager of the Teog Tea Estate and he worked as a helper to the Head Fitter, one Kartar Singh, and, on the 15th of May, 1958, he was sent to Amguri Railway Station to fit up pipes in the oil tank for bringing oil to the tea garden. On his return to the garden at about mid -day, the Manager did not allow him to enter into the factory but directed instead that he should either go to the garden for joining in hoeing operation or to act as a lorry Jogali - - a handy man.