HINDUSTAN GENERAL ELECTRICAL CORPORATION LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner has applied to the High Court for calling upon the respondents to show cause why the notification of the Government of Bihar dated the 27th October, 1961 referring the industrial dispute under Section 10(1)(c) of the Industrial Disputes Act to the Labour Court, Ranchi, should not be quashed by the High Court by grant of a writ in the nature of certiorari under Article 226 of the Constitution. Cause has been shown on behalf of the respondents to whom notice of the rule was ordered to be given.

(2.) The notification of the State Government dated the 27th October, 1961, which is annexure A to the writ application, reads as follows:

(3.) The case of the petitioner is that they were compelled to dismiss on the 28th January, 1961, eleven workmen for various acts of proved misconduct. There was a subsequent strike resorted to by the workmen of the company on the 3oth of January, 1961. In spite of the persuasion of the petitioner, the workmen did not resume their work and ultimately charge-sheet was issued against the workers for taking part in an illegal strike. As a result of departmental enquiry the petitioner found the workers guilty of various-acts of misconduct and accordingly on different dates between 6th and 9th September, 1961 orders of dismissal were passed with regard to 404 workmen. As a reference under the Industrial Disputes Act was pendings at that time, namely Reference Nos. 2 and 3 of 1961, the petitioner made separate applications to the Labour Court, Ranchi, for approval of the action taken against the workmen in accordance with the proviso to Section 33 (2) (b) of the Industrial Disputes Act. The petitioner also tendered one month's wages to each of the workmen in accordance with the same proviso to Section 33 (2) (b) of the Act. While these applications under Section 33 (2) (b) of the Industrial Disputes Act were pending before the Labour Court, Ranchi, there was a notification made by the State Government on the 27th October, 1961, referring the industrial dispute for adjudication under Section 10 (1) (c) of the Industrial Disputes Act.