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PATNA HIGH COURT
B.P.Jamuar and Rai JJ.
Standard Coal Company Limited
Versus
S.P.Varma
Miscellaneous Judicial Case No. 206 of 1951 ;
Decided On : SEPTEMBER 26, 1951
INDUSTRIAL DISPUTES ACT, 1947 - SECTION 10 - REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS - JURISDICTION OF GOVERNMENT TO REFER DISPUTE - EXISTENCE OF INDUSTRIAL DISPUTE - REPRESENTATION OF WORKERS - SECTION 36(1)(C) - RULES NOT FRAMED - AUTHORISATION LETTER - VALIDITY.
Fact of the Case:
The petitioner, Messrs. Standard Coal Company, Limited, moved the Court under Article 226 of the Constitution for issue of writs in the nature of mandamus, prohibition and certiorari against the opposite party, in connection with the order dated the 16th of May 1951, made by the Government of India, Ministry of Labour, referring certain matters for adjudication to the Central Government Industrial Tribunal at Dhanbad and, in connection with the notice dated the 26th of May 1951 issued to the petitioner by that Tribunal.
Finding of the Court:
1. The agreement dated the 15th of February, 1951, did not terminate the dispute as contended on behalf of the petitioner. 2. Sri Shivakali Bose could have represented the workers of the standard Colliery in the absence of any rules framed under the provisions of Section 36(1) (c) of the Industrial Disputes Act, 1947. 3. There was ample justification for the Government of India to have come to the conclusion on the 16th of May, 1951 that there was an industrial dispute in existence entitling them to refer it for the decision of the Tribunal within the meaning of Sec.10 of the Act. 4. The decision of the Government to make the reference in question cannot be said to be without justification.
Issues: 1. Whether the Government had jurisdiction to refer the dispute to the Tribunal for adjudication. 2. Whether the agreement dated the 15th of February, 1951, terminated the dispute. 3. Whether Sri Shivakali Bose could represent the workers of the standard Colliery. 4. Whether there was an industrial dispute in existence entitling the Government to refer it for the decision of the Tribunal.
Ratio Decidendi: 1. The existence of an industrial dispute is a condition precedent for the Government to refer the dispute to the Tribunal for adjudication. 2. An agreement between the management and a section of workers does not terminate the dispute if a substantial number of workers are not represented in the agreement. 3. In the absence of rules framed under Section 36(1) (c) of the Industrial Disputes Act, 1947, an authorization letter can be sufficient to make a person the representative of the workers. 4. The Government has the jurisdiction to refer a dispute to the Tribunal for adjudication if it is satisfied that an industrial dispute exists.
Final Decision: The Miscellaneous Judicial case fails and is dismissed but in the circumstances of this case there will be no order for costs.
1. The petitioner, Messrs. Standard Coal Company, Limited, has moved this Court under Article 226 of the Constitution for issue of writs in the nature of mandamus, prohibition and certiorari against the opposite party, in connection with the order dated the 16th of May 1951, made by the Government of India, Ministry of Labour, referring certain matters for adjudication to the Central Government Industrial Tribunal at Dhanbad and, in connection with the notice dated the 26th of May 1951 issued to the petitioner by that Tribunal.
2. The facts relevant to the matter under consideration may shortly be stated, as follows. On the 30th of December 1950, the petitioner gave notice that the working of the Standard Colliery would be closed "from the 20th January 1951. An information to this effect was sent to one Sri P. C. Bose, M.L.A., President Indian Miners Association, Jharia. On the 5th of January 1951 the said Sri P.C. Bose sent a telegram to the Hon ble Labour Minister, Government of India, to the following effect:
"Standard Coal Company closing down Standard Colliery on ground of exhaustion of available coal and highly uneconomic working stop 1,650 workers with families involved stop kindly advise Regional Labour Commissioner and Mines Department to enquire condition of colliery and press for employment of workers if colliery is unworkable."
3. On the 7th of January 1951 a letter was sent to the Regional Labour Commissioner, Dhanbad, on behalf of large number of workers requesting him to intervene in the matter of the closing down of the Standard Colliery. A request was made in that letter for a direction to the management of the Colliery to maintain the status quo until the dispute was settled. The letter further authorised Sri Shivakali Bose, a member of the working committee of the Indian National Trade Union Congress, Bihar Branch, to represent their case. A. copy of this letter was sent to the Hon ble the Labour Minister of India, New Delhi, (2) to the Secretary, Ministry of Labour, New Delhi, (3) to the Chief Labour Commissioner, New Delhi, (4) to the Conciliation Officer, Dhanbad, and to several other officers. The first page of the letter contained either the signature or the thumb-impression of fifteen workers of the colliery. It is contended by the opposite party that in fact the signature or thumb-impression of a thousand workers was attached to this letter, but the other pages containing those signatures and thumb-impressions of the workers were returned. This appears to be so as a mention to such a representation by a thousand workers was made in a letter dated the 17th of February 1951, sent by Sri Shivakali Bose to the Regional Labour Commissioner, Dhanbad, as also in the report dated the 19th of February 1951 sent by the latter to the secretary to the Government of India, Ministry of Labour, New Delhi. The said letter dated the 7th of January 1951 was accompanied by a copy of an express telegram sent on the 4th of January 1951 by the said Sri Shivakali Bose to the Hon ble Sri Jag Jiwan Ram, Labour Minister, New Delhi. The telegram ran as follows: "Standard Beniahir Colliery of Bird, Heilgers and Company declared lock-out from 20th January 1951 on uneconomic plea which is far from the actual truth. Thus huge National asset (coal) is bound to be wasted. About 2,000 labourers of the colliery and on their behalf myself pray your immediate intervention in the matter and request you to kindly refer this serious dispute to the Industrial Tribunal, Dhanbad, at once." On the 10th of January some conciliation was arrived at between the said Sri P.C. Bose representing the workers and Sri Das and Sri Gupta representing the management. The following agreement seems to have been arrived at as appears from the minutes of the conciliation proceeding dated the 10th January 1951.
"(1) It is agreed that as many workers, of this colliery as are necessary for the time being will be given work in this colliery so long there is
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