MANAGEMENT OF BELAL BIRI FACTORY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India, the Management of M/s. Belal Biri Factory (P) Ltd., which is the petitioner, has challenged the legality and validity of the award made by the Presiding Officer of the Labour Court, Bhagalpur (respondent 3) on 15th of November, 1973, in Reference Case No. 26/70 and 24/71 a copy whereof has been marked Annexure 1 to this petition. The prayer made in the petition is for issuance of an appropriate writ quashing Annexure 11. By the impugned annexure the Labour Court has held that the workman concerned, namely, Copal Chandra Ghoshal (respondent 4), employed as a Clerk by the petitioner at Deoghar, had been illegally dismissed. He was, therefore, entitled to be reinstated. Accordingly, a direction has been made under the award for the reinstatement of respondent 4 and further that the petitioner to pay his entire salary at the rate he was being paid due from the time of his discharge till he is reinstated. A further sum of Rs. 200.00 by way of compensation and cost of the proceeding has also been allowed.

(2.) The State Government in the department of Labour and Employment by its notification No. III/DI-17035/70 I. and E. 2089(3) dated 19.3.1971 referred the following dispute for adjudication to the Labour Court at Patna under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act): Whether the removal from employment of Sri Gopal Chandra Ghoshal is proper and justified? If not, is he entitled to reinstatement and/or any other relief? It was later transferred to the Labour Court, Bhagalpur.

(3.) Shortly stated, the facts are these. Sri Gopal Chandra Ghoshal (respondent 4) was employed as a Clerk by the petitioner-employer at Deoghar. His case was that, he was in the service of the factory since June, 1965, on a monthly salary of Rs. 75 only. He demanded increment in the salary, payment of bonus and wages for extra hours of work. He was, however, always told by the management that he would not be paid anything further and if he so liked he might leave the job. Ultimately, he had told the petitioner that if his request was not considered, he would move the Labour Department Officers in this connection. This caused annoyance to the employer, and when he was leaving the office after finishing his work in the evening of 17th of May, 1969, he was asked by the Manager not to come to work from the next day. His further case was that when he asked the reason for this, the Manager got angry and asked him to get away or else he would be forcibly thrown out. Even then, he went to the Management continuously for three days, that is, on 18th, 19th and 20th of May, 1969, requesting that he be kept in employment. This prayer was also refused. Then, he filed a complaint before the Labour, Officer. Conciliation proceedings followed, which resulted in failure.