THE MANAGEMENT OF M/S. BELAL BIRI FACTORY (P.) LTD. DEOGHAR Vs. UNION OF INDIA AND ORS.

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 24/71 a copy whereof has been marked Annexure 11 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, Gopal 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 do 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 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- 17035/70I & E 2089 (3) dated 19-3-1971 referred the following dispute for adjudication to the Labour Court at Patna under S. 10 (1) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act):

(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 that 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 Officr. Conciliation proceedings followed, which resulted in failure.