CHANDRA KALA JHA Vs. MANAGEMENT OF SONE VALLEY PORTLAND CEMENT CO LTD

JUDGEMENT

(1.) In this case the petitioner, Dr. Chandra Kala Jha, has obtained a rule from the High Court asking the respondents to show cause why the award of the Labour Court of Chota Nagpur Division, dated the 31st December, 1958, in Reference Case No. 1 of 1958, should not be quashed by grant of a writ in the nature of certioriart under Article 226 of the Constitution.

(2.) Cause has been shown on behalf of respondent No. 1, the Sone Valley Portland Cement Company Limited, Japla, to whom notice of the rule was ordered to be given.

(3.) The case of the petitioner is that she was discharged by respondent No. 1 on the 31st July, 1957, for reasons stated in the discharge notice, with a month's pay in lieu of notice. The petitioner alleges in paragraphs 4 and 5 of her application that her case was taken up by the Japla Labour Union, and Sri Sarju Prasad Ambasth, who was then Office Secretary of the Japla Labour Union, made a demand to respondent No. 1 to reinstate her in service. The request was turned down by respondent No. 1, ana thereafter the Japla Labour Union made a representation to the Labour Commissioner, Government of Bihar, Patna. Upon that representaiton there was a conciliation proceeding; but as the Conciliation Officer failed to bring about a settlement, the Government of Bihar made a reference of the dispute to the Labour Court of Chota Nagpur Division. While the reference was pending before the Labour Court there was a compromise entered into between respondent No. 1 and the Japla Labour Union representeo through its new Secretary Sri Mahabir Prasad Singh. The compromise petition is dated the 31st October, 1958, and by virtue of that compromise respondent No. 1 agreed that it would pay a sum of Rs. 1050/- besides Provident fund accumulation as per Provident Fund Rules, to the petitioner Or. Chandra Kala Jha. The Labour Court accepted the compromise petition and held that the reference should be dis-posed of in terms of the compromise between the parties and that there was no question of reinstatement of Dr. Chandra Kala Jha.