BIHAR SUGAR WORKS, PANCHRUKHI Vs. S.G. PRASAD AND OTHERS

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by Bihar Sugar Works, Pachrukhi in the district of Saran praying that the award given by the industrial Tribunal of Bihar on the 29th April 1967 in Reference No. 38 of 1966 may be quashed, with respect to the first point decided in the award against the petitioner, the second point having been decided in its favour.

(2.) The relevant facts appearing from the materials on record may be summarised as follows: The petit one company carries on business of manufacturing sugar and having abolished its transport section on account of selling away of its tractor trailer fleet, it had applied to the Commissioner of Labour, Bihar, for retrenchment of eighteen workmen. The Commissioner of Labour had permitted retrenchment of sixteen out of these eighteen workmen by an order passed on the 27th March 1962. [A copy of the order has been annexed as Annexure A]. In consequence, sixteen workmen were retrenched, including two tractor drivers named Babulal and Bhagelu. Subsequently, Babulal and Bbagelu were employed by the company, again on other job3, on less pay than what they were drawing as tractor drivers. Apparently, this became a bone of contention and the dispute was referred to the Industrial Tribunal for adjudication, by the State Government, in the following terms:

(3.) The writ application is, therefore, allow, ed, but under the circumstances, without costs.