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PATNA HIGH COURT
Banerji and Choudhary JJ.
National Coal Development Corpn.Ltd.
Versus
L.P.Dave
Miscellaneous Judicial Case No. 141 of 1954 ;
Decided On : MARCH 02, 1956
INDUSTRIAL DISPUTES - Award under Sec.33A of the Industrial Disputes Act, 1947 - Jurisdiction of the Industrial Tribunal - Contravention of Sec.33 of the Act - Lock-out - Whether it amounts to punishment or alteration in the conditions of service - Interpretation of Sec.33 of the Act.
Fact of the Case:
The petitioner, National Coal Co. Ltd., filed an application for a writ of certiorari to quash an award made by the Industrial Tribunal under Sec.33A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The award was made against the petitioner for contravening the provisions of Sec.33 of the Act by altering the conditions of service of its workmen and punishing them without the express permission of the Tribunal.
Finding of the Court:
The Court held that the Industrial Tribunal did not have jurisdiction to pass the award under Sec.33A of the Act because the petitioner was not a party to the industrial dispute that was referred to the Tribunal for adjudication. The Court also held that the acts complained of, namely, non-payment of wages and bonus, and refusal of work, did not amount to punishment or alteration in the conditions of service as contemplated by Sec.33 of the Act. Therefore, the Tribunal's finding that the petitioner had contravened Sec.33 was erroneous.
Issues: 1. Whether the Industrial Tribunal had jurisdiction to pass the award under Sec.33A of the Act against the petitioner. 2. Whether the acts complained of amounted to punishment or alteration in the conditions of service as contemplated by Sec.33 of the Act.
Ratio Decidendi: 1. The Court held that the Industrial Tribunal did not have jurisdiction to pass the award under Sec.33A of the Act because the petitioner was not a party to the industrial dispute that was referred to the Tribunal for adjudication. The Court relied on the fact that the petitioner's colliery was not included in the list of collieries that were parties to the dispute, and that no notice of the reference was served on the petitioner. 2. The Court held that the acts complained of, namely, non-payment of wages and bonus, and refusal of work, did not amount to punishment or alteration in the conditions of service as contemplated by Sec.33 of the Act. The Court reasoned that non-payment of wages and bonus is not a condition of service and does not amount to punishment, and that refusal of work amounts to a lock-out, which is not covered by Sec.33 of the Act.
Final Decision: The Court allowed the petition and quashed the award made by the Industrial Tribunal under Sec.33A of the Act.
Choudhary, J.
1. This application by the petitioner, National Coal Co. Ltd., P. S. Katrasgarh District Manbhum, is for issue of an appropriate writ under Article 226 of the Constitution of India with regard to an award given by the Industrial Tribunal under Sec.33A, Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act).
2. An industrial dispute with regard to the payment of full pay and allowance to the workmen for the holidays on the 15th of August, 1950, the 26th January, & the 15th of August, 1951 and the 26th of January, 1952, and for the holidays on the Independence Day and the "Republic day" in future existed or was apprehended between the employers of 1078 collieries and their workmen. The Central Government, therefore, by Notification No. S. R. O. 810 and Order No. L. R. 2(365) dated 5-5-1952, referred it, in exercise of the powers conferred by Sec.10 of the Act, for adjudication to the Central Government Industrial Tribunal at Dhan-bad of which Sri L. P. Dave, opposite party 1, was the sole member and chairman, and it was registered as Reference No. 6 of 1952. The list of these 1078 collieries was given in Schedule 1 of the Notification. On 26-9-1953, the Industrial Tribunal gave its award which in pursuance of Sec.17 of the Act, was published by Notification No. S. R. O. 1896 dated 6-10-1953. The collieries owners filed an appeal against the said award to the Labour Appellate Tribunal on 6-11-1953. In August, 1953, while the matter was pending before the Industrial Tribunal, opposite party 2 to 83 made an application before it for an award under Sec.33A of the Act on the allegation, as appears from the copy of the complaint petition produced before us on their behalf, that the petitioner has contravened the provisions of Sec.33 of the said Act inasmuch as it has altered the conditions of their services to their prejudice and punished them in various ways without express permission of the Tribunal.
It was alleged that majority of the workmen were not allowed to work on 13-6-1953 and all of them were refused work and wages since 15-6-1953, without any notice, and that wages to some and bonus to all were not paid for a certain period. This application was numbered as Appln. No. 228 of 1953, and notice of it was served on the petitioner who appeared and contested the proceeding, inter alia on the ground that it did not contravene the provisions of Sec.33 of the Act and, as such, Sec.33A had no application. This contention was overruled by the Industrial Tribunal and it gave its award on 12-1-1954, which was published by notification No. S.R.O. 364 dated 23-1-1954.
According to that award, the petitioner was held to have caused a lock-out from 13th, 15th, and 16th June, 1953, respectively in case of different workers and was directed to reinstate those workmen who had not already been taken in and to pay certain sums of money to those who were found to have been refused work on and from the dates mentioned above. Against this award the petitioner has filed an appeal before the Labour Appellate Tribunal and has obtained therefrom an order for stay of the implementation of the award on certain conditions. The petitioner has also come up to this Court, for a writ in the nature of certiorari to quash the said award.
3. It may be mentioned here that the order of reference to the Industrial Tribunal dated 5-5-1952, the award in Reference No. 6 of 1952, dated 26-9-1953, and the award under question made under Sec.33A of the Act are enclosed with the counter affidavit sworn by the Under-Secretary to the Government of India, Ministry of Labour, as annexure A, B and C respectively.
4. The first point taken on behalf of the petitioner is that the award in question must be quashed as being without jurisdiction inasmuch as it was made against a party which was not a party in the dispute that was referred for adjudication to the Industrial Tribunal. It is contended that the petitioners colliery was not one of
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