Judgement

SHELAT, J.: This appeal, by special leave, is against the award dated September 28, 1964 of the Industrial Tribunal, Patna.

2. The appellant company is an all India complex having establishments in different parts of the country. In Bihar alone, it has two factories, one at Jamshedpur and the other at Ranchi, and has depots at Patna and other towns. The factory at Jamshedpur is an establishment under the Bihar Shops and Establishments Act.

3. Certain disputes having arisen between the appellant company and its workmen employed in the factory at Jamshedpur, the company and the said workmen represented by their union called the Indoxco Labour Union, Jamshedpur, made a joint application dated September 7, 1963 to the Government of Bihar for a reference under Sec. 10 (2) of the Industrial Disputes Act, 1947. By a notification dated October 23, 1963, the Government referred five disputes to the Tribunal for adjudication. We are concerned in this appeal with only two disputes arising from demands Nos. 3 and 5. These demands were,

No. 3 - "The payment of overtime to office staff should be 1 1/2 times the ordinary rate beyond their normal duty hours."

No. 5.-"Union representatives should be allowed special leave to attend to law courts for matters connected with the workers and the management, to attend to annual conventions of their federation, to attend to Executive Committee meeting of the union-federation and convention of central organisation i. e. INTUC." As required by Rule 3 of the Industrial Disputes (Bihar) Rules, 1961, the statement accompanying the said application signed by the District Manager on behalf of the company and the General Secretary of the said union representing the said workmen contained inter alia the following information, namely,

(c) Number of workmen employed in the undertaking affected--352

(d) Estimate number of workmen affected or likely to be affected by the dispute--352."

It is quite clear from the said application and the statement signed by the parties, (1) that the said disputes concerned the 352 workmen employed in the company s factory at Jamshedpur and (2) that these 352 workmen were represented by the Indoxco Labour Union.

4. The said notification also stated "Whereas the Governor of Bihar is of opinion that an industrial dispute exists or is apprehended between the management of Indian Oxygen Limited, Jamshedpur-7 and their workmen represented by Indoxco Labour Union, Jamshedpur, regarding the matters specified in their joint applications dated 7-9-1963 annexed hereto.. .. . . Now, therefore, in exercise of powers conferred by sub-section (2) of Section 10 of the Industrial Disputes Act, 1947 (XIV of 1947), the Governor of Bihar is pleased to refer the said dispute. . . . . . " The notification thus makes it clear that the disputes referred to the Tribunal were disputes set out in the said agreement and statement and were between the management of the appellant company s factory at Jamshedpur and their workmen represented by the Indoxco Labour Union.

5. It appears, however, that the union at its general meeting held on January 6, 1963, purported to amend its constitution by a resolution passed thereat by changing the name of the union to Indian Oxygen Workers Union and making the workmen of all the establishments of the appellant company in Bihar eligible for its membership. Exhibit C is the copy of a letter dated January 21, 1963 by which the Secretary of the said union informed the District Manager of the appellant company at Jamshedpur of the said purported amendment. The Tribunal appears to be of the view that the constitution of the said Indoxco Labour Union came to be amended as from Jan. 6, 1963 and that as the said reference was made in October 1963, i. e., after the said purported amendment, "the mention in it of the dispute as a dispute between the company and Indoxco Labour Union does not materially affect the position that the dispute raised by the union is in respect of the