M. K. SINHA Vs. THE PRESIDING OFFICER LABOUR COURT, PATNA AND ANOTHER

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for quashing order No. 21 dated 13-8-1973 and the order dated 27th Sept. 1973 (Copies whereof are Annexures 3 and 4 respectively to the writ application) both of which were passed by the Presiding Officer, Labour Court, Patna (respondent No. 1) in a petition under S. 33-C (2) of the Industrial Disputes Act, 1947 filed by Sri Maheshwari Prasad Sinha (respondent No. 2). By the first order, namely, the order dated 13-8-1973 respondent No. 1 rejected the petition for stay of further proceedings in the aforesaid case on the ground of the issue of notification under S. 18 FB of the Industries (Development and Regulation) Act, 1951. By the second order respondent No. 1 disposed of the aforesaid petition under S. 33C (2) of the Industrial Disputes Act, 1947 , allowing the claim of respondent No. 2.

(2.) The relevant facts are these: The Bihar Co-operative Weavers Spinning Mills Limited, is an industrial undertaking at Mokameh in the district of Patna. The petitioner is the Chief Executive Officer of the aforesaid Industrial undertaking. Sri Maheshwari Prasad Sinha, respondent No. 2 was an employee of the aforesaid industrial undertaking. Respondent No. 2 filed a petition dated 19-7-1971 (Copy whereof is Annexure-1 to this writ application) under S. 33 C (2) of the Industrial Disputes Act, 1947 . In the aforesaid petition the petitioner claimed that he had been illegally retrenched by the order dated 6-9-1960 of the Managing Director of the industrial undertaking, that even after the retrenchment, he was asked to continue and discharge his duties till the handing over of the charge and, therefore, continued to perform his duties as store in-charge till he handed over the charge of the stores to the Factory Manager on 9-11-1969. He further stated therein that he made various representations to different authorities for their intervention but all these proved fruitless and thereafter, he filed the application. On these allegations, the petitioner claimed that he was entitled to receive from the industrial undertaking a sum of Rs. 775.41 Ps. On account of arrears of salary from 8-9-1969 to 20-9-1969 and salaries for the month of October, 1969 and for 19 days in November, 1969, as also a sum of Rs. 326/- as notice pay for one month and retrenchment compensation and gratuity of Rs. 1630 and a sum of Rs 1800/- as Provident Fund accumulations including contributions of the employer and a sum of Rs. 221/- as petty expenses refundable to him.

(3.) By notification dated 24th August, 1972, the management of the aforesaid industrial undertaking was taken over by the Government of India under S. 18-A of the Industries (Development and Regulation) Act, 1951 (hereinafter called 'the Act') for a period of fifteen years. Subsequently, the Government of India issued the notification No. S. O. 305 (E) dated 30th May, 1973 under S. 18 FB of the Act, a copy of which is Annexure-3 to the writ application and which, so far as is relevant, runs thus:.