INDIAN COPPER CORPORATION LIMITED Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) These two writ applications under Articles 226 and 227 of the Constitution of India have been filed by Indian Copper Corporation Limited (hereinafter to be called "the petitioner Company"). In C.W.J.C. No. 1 of 1969 the validity of the order of the Industrial Tribunal, Bihar, Patna, dated the 31st of August, 1968 (Annexure 10) in Reference No. 8 of 1967 has been challenged and a prayer has been made for quashing that order. In C.W.J.C. No. 2 of 1969 the validity of the order dated the 30th of November, 1968 (Annexure 12A) in the same reference, which was communicated to the petitioner Company by the order dated the 4th December, 1968 (Annexure 12) has been challenged and a prayer has been made for quashing both Annexure 12A and the communicating order (Annexure 12). The material facts which are not in dispute may be briefly stated as follows. The petitioner Company carries on the business of mining copper ore in India and has a factory at Moubhandar, Ghatsila, for smelting and refining copper. The petitioner Company for the purpose of carrying on its business engaged a number of workmen on permanent basis and their service conditions are governed by a set of rules called the certified Standing Orders of the petitioner Company. The workmen of the petitioner Company formed themselves into a Trade Union known as "Moubhandar Mazdoor Union". Besides the permanent workmen, the petitioner Company requires some temporary workmen also for some works of casual and fluctuating nature and for that purpose the petitioner Company takes the requisite supply of labour force from its labour contractors. Messrs A.T. Adhikari & Sons is one of such labour contractors. As stated in the applications, the workmen of the contractors also formed themselves into a Trade Union which is called "I.C.C. Contractors' Labour Union". It appears that in the year 1966 the I.C.C. Contractors' Labour Union raised a dispute before the Labour Directorate of the Government of Bihar over the retrenchment of about 145 workmen by M/s. A.T. Adhikari & Sons and in their representation the Union alleged that the petitioner Company was the principal employer of the said workmen through the agency of M/s. A.T. Adhikari and Sons. Before the Superintendent of Labour the petitioner Company took the stand that the workmen were contractors' employees and petitioner Company, had nothing to do with them and that the I.C.C. Contractors' Labour Union had no locus standi to raise dispute so far as the petitioner Company was concerned. The Labour Department of the Government of Bihar accepted the point of view of the petitioner Company and made a reference of the said dispute between M/s. A.T. Adhikari and Sons and their workmen to the Industrial Tribunal, Bihar, Patna, for adjudication (Annexure 4). The notification by which the reference was made and Annexure 'A' to the notification read as under:

(2.) Mr. B.C. Ghose, learned counsel appearing for the petitioner Company raised three contentions in support of the applications in the first place, he contended that it was not open to the Tribunal to agitate the question regarding the addition of the petitioner Company as a party to the reference when the High Court in C.W.J.C. No. 445 of 1967 have quashed the order of the Tribunal dated the 12th of July, 1967, making the petitioner Company a party to the said reference. Secondly, he urged that it was not open to the Tribunal to go into the question as to who was the employer of the workmen when there was no specific reference to such a question. Lastly, he urged that Industrial Tribunal being not a Court of general and residuary jurisdiction but a Tribunal of specific jurisdiction circumscribed by the terms of reference has to determine specific industrial dispute.

(3.) In Paragraph 4 of the impugned order (Annexure 10) the Presiding Officer of the Industrial Tribunal made the following observation: - -