RIVER STEAM NAVIGATION CO. LTD. AND ANR. Vs. PRESIDING OFFICER, LABOUR COURT AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the constitution by the River Steam Navigation Company Limited and India General Navigation and Railway Company Limited for a direction in the nature of a writ of certiorari or mandamus, quashing the Notification issued by the State Government under Section 10 of the Industrial Disputes Act, 1947 (Act XIV of 1947), dated the 4th November, 1961. The Petitioners have further prayed for a writ in the nature of mandamus restraining the Opposite parties Nos. 1 to 4, viz., the Presiding Officer, Labour Court, Assam, the workmen (numbering 70) of Karimganj Railway Siaing Ghat, P. 0. Karimganj, represented by R.S.N, and I.C.N. Railway Co., Ltd., Workers' Union, Cachar Branch, P. 0. Karimganj, Sri Rampratap Singh and the State of Assam.

(2.) SRI Rampratap Singh (Opposite party No. 3) employed various persons for handing cargo at the Karimganj Railway Siding Ghat. The Petitioners, River Steam Navigation Co., Ltd., and India General Navigation and Railway Co., Ltd., hereinafter called the Steamer Companies, carry on business as carriers for reward within the jurisdiction of this Court and the Petitioners' case is that Sri Rampratap Singh is acting as their Labour Contractor since May, 1959 for Karimganj Railway Siding Chat.

(3.) ON the 4th November, 1961 the State of Assam issued another Notification under Section 10 of the Industrial Disputes Act, 1947, hereinafter called the Act, the validity of which has been challenged by means of the present petition. It is necessary to quote. the Notification: