Karnataka High Court
Mangalore Ganesh Beedi Works, Mysore - Appellant
Versus
Workmen, Secretary, Mangalore Ganesh Beedi Workers and Allied Beedi Factories Workers Association, Mysore - Respondent
Decided On : 06-03-04
W.A. : 3689 of 1999
Article 226 - Part IV, Articles 226, 19 (1) (f), (g) -Duty cast on the State by the Directive Principles of State Policy -a sacred duty indeed -cannot be defeated on a theory of the capacity of the industry -capacity to pay by the industry is an irrelevant factor.
[S. R. Nayak & K. Ramanna, JJ.] -While fixing the minimum wages the State is only discharging constitutional obligation imposed upon it by the Directive Principles of State Policy. This performance of a sacred constitutional duty towards the economically weaker Sections of the society cannot be allowed to be defeated on a theory of the capacity of the industry to pay which is a judicial blast placed on the meaning of Article 19(1) (f) and 19(1) (g) of the Constitution of India. The theory of capacity of industry to pay has no application to the State activity in fixing minimum wage.
Cases Referred : ILR 1985 Kar. 688; AIR 1992 SC 504; AIR 1961 SC 895; AIR 1958 SC 578; AIR 1958 SC 30; AIR 1970 SC 2042; 1980 (56) FJR 1979; AIR 1967 SC 1175; AIR 1962 SC 12; AIR 1999 SC 2459; AIR 1955 SC 33; Malayalam Plantations Ltd., Vs. State of Kerala; 1997 (I) LLJ 434; 1978 Lab IC (NOC) 33 (AP); AIR 1975 SC 2035; AIR 1969 SC 182; AIR 1972 SC 605; 1977 Lab IC 993; 1986 Lab IC 1555; 1977 Lab IC 618 (Cal.); AIR 1969 AP 227; 1981 Lab IC 690 (AP); 1981 Lab IC 294(Raj); AIR 1962 Bom. 97; 1967 (I) LLJ 765; AIR 1980 SC 31; 1995 (III) LLJ Supp.779; 1995 (III) LLJ Supp. 540; ILR 1986 Kar. 2183; AIR 1969 SC 360; AIR 1966 SC 497; WP. No. 5164/1987 DD 11-6-1996; 2002 (III) LLJ 623; 1997 Lab IC 407; 2000 (III) LLJ 1424 (Guj); AIR 1992 SC 504 67; AIR 1983 SC 130; AIR 1985 SC 1391.
( 1 ) IN these appeals certain questions of general importance such as whether on an award of Industrial Tribunal a settlement entered into between the management and workmen under Section 18 (1) of the Industrial disputes Act, 1947 for short, 'the Act' and accepted by vast majority of workmen can be set at naught by the High Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution on the ground that all workmen are not parties to the settlement; whether an Industrial Tribunal is obliged to apply norms applicable to industrial adjudication on a wage dispute while accepting the settlement and passing an award in terms thereof arise for consideration.
( 2 ) THE appellants are Beedi industries and they being aggrieved by the judgment of the learned single Judge dated February 1, 1999 in w. P. Nos. 7588-7593 of 1998 have preferred these writ appeals. The first respondent in each of these appeals, namely, Mangalore Ganesh beedi Workers' and Allied Beedi Factory workers Association, for short, 'the Union' representing the workmen in the concerned industries preferred W. P. Nos. 7588-7593 of 1998 under Articles 226 and 227 of the constitution seeking quashing of the awards passed by the Industrial Tribunal, Bangalore, dated October 27, 1997 in I. D. Nos. 13-18 of 1991. Learned single Judge by his order under appeal allowed the writ petitions, quashed the impugned awards and remanded the Industrial disputes to the Industrial Tribunal for fresh disposal, The Management being aggrieved by the above order of the learned single Judge presented these appeals on May 24, 1999 and this Court on December 15, 1999 passed an interim order staying the operation of the order of the learned single Judge and that order has been in operation till now.
( 3 ) THE Mangalore Ganesh Beedi Works, who is the appellant in W. A No. 3689 of 1999 is a well-established and well-known Beedi manufacturing concern in the State of karnataka and it had the largest share of market in the country. Before 1972, the Mangalore ganesh Beedi Works used to engage contract labourers for the manufacture of Beedis. After 1972, 5 more companies, namely, Vatapuresh home Industries, Gurukripa Industries, Jyoti home Industries, Deepak Enterprises and south Kanara Home Industries were formed as sister concerns. In the year 1979, the respondent-Union in each of the above industries had placed a Charter of Demands which was referred to the Industrial Tribunal, bangalore under Section 10 (l) (d) of the Act and the said reference came to be numbered as i. D. Nos. 13-18 of 1991 (old I. D. Nos. 61-66 of 1986 ). Those references were pending for adjudication before the Tribunal for quite a long time.
( 4 ) MAJORITY of the workmen concerned being of the opinion that the respondent-Union was not able to secure relief to them and the dispute is pending for large number of years without resolution, resigned from membership of the Union and formed new Union called mangalore Ganesh Beedi Works Employees association (for short, the 'new Union') and placed a Charter of Demands including the demands covered by the references. On the demands thus placed by the new Union, the management and the new Union, after negotiations, settled the disputes. At that stage, the new Union made an application before the industrial Tribunal to implead itself as a party to the dispute, but, that application for impleading was opposed by the respondent union and the Tribunal by its order dated April 15, 1996 rejected the impleading application. The said order of the Industrial Tribunal was assailed before this Court in Writ Petition no. 12400 of 1996. This Court while dismissing that writ petition on July 8, 1996 in paragraph 3 of the order observed thus:"i make it clear that the order passed by the tribunal or by this Court in this proceedings will not in any way affect the trial on that issue raised by the management and the tribunal is free to deal with tbe case if a
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