Back
HIGH COURT OF CALCUTTA
B. N. Banerjee
WEST BENGAL PRESS WORKERS AND EMPLOYEES UNION - Appellant
Versus
ART UNION PRINTING WORKS PRIVATE LTD. - Respondent
Matter 65 Of 1961
Decided On : DECEMBER 21, 1961
INDUSTRIAL DISPUTES - Locus Standi of Trade Union to Challenge Industrial Tribunal Award - Maintainability of Writ Petition Under Article 226 of the Constitution - Whether Trade Union Can Represent Aggrieved Workmen in Proceedings Under Article 226 - Interpretation of Relevant Provisions of the Industrial Disputes Act and Trade Unions Act.
Fact of the Case:
The West Bengal Press Workers and Employees' Union, representing workmen of Art Union Printing Works Private Ltd., filed a writ petition under Article 226 of the Constitution challenging an award made by the Fourth Industrial Tribunal in an industrial dispute between the union and the press. The respondent press raised a preliminary objection to the maintainability of the petition, arguing that the union had no locus standi to represent the workmen in the proceedings.
Finding of the Court:
The court held that the trade union had the locus standi to represent the aggrieved workmen in the proceedings under Article 226 of the Constitution. The court reasoned that since trade unions have the right to raise industrial disputes and represent workmen before courts and tribunals under the Industrial Disputes Act, they are deemed to be parties before the Industrial Courts or Tribunals and have a duty to look after, maintain, and further the interests of workmen. Therefore, the court held that trade unions have a legal right to enforce those rights by a writ petition and that their right is the collective right of workmen or the right which entitles them to espouse individual grievances.
Issues: 1. Whether the trade union had the locus standi to represent the aggrieved workmen in the proceedings under Article 226 of the Constitution. 2. Whether the trade union could be considered an aggrieved party and entitled to maintain the application.
Ratio Decidendi: 1. The court relied on the principles enunciated in Ramprosad Viswakanna v. Chairman Industrial Tribunal, Patna, where the Supreme Court recognized the importance of collective bargaining and the role of trade unions in representing workmen in industrial disputes. The court also referred to Barrackpore Bus Syndicate v. Serajuddin, where it was held that a trade union or association interested in the provision of road transport facilities has a legal right to challenge the grant of a permit to another operator. 2. The court distinguished the present case from other cases where trade unions or associations were not moving against awards made by industrial tribunals in which they were parties. The court held that different considerations apply when a trade union moves against an award made by an Industrial Tribunal, under Article 226 of the Constitution.
Final Decision: The court overruled the preliminary objection raised by the respondent press and held that the trade union had the locus standi to represent the aggrieved workmen in the proceedings under Article 226 of the Constitution. The court directed that the hearing of the application shall now proceed on merits.
( 1 ) AN objection to the maintainability of the present application has been raised as a preliminary objection.
( 2 ) THE petitioner, tile West Bengal Press Workers and Employees' Union, claims to be a trade union of workmen employed in different printing presses in West Bengal, including a press known as the Art Union Printing Works Private Ltd. , (respondent No. 1 ).
( 3 ) THE working conditions, scales of pay and dearness allowance of workmen in printing presses became the subject-matter of certain awards, more or less on industrywise basis, during the last several years. One such award between 169 printing presses in Calcutta and Howrah (including the respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated May 11, 1948. The other such award between 90 printing presses (including the respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated March 1, 1951.
( 4 ) THE dispute, out of which this Rule arises, is the third of the series of industrial disputes between the respondent No. 1 press and its workmen. The State Government referred the dispute limited to the following issues, to the Fourth Industrial Tribunal for adjudication, viz. , (a) scales of pay and dearness allowances, (b) whether the termination of employment of the following workmen is justified : to what relief, if any, they are entitled? 1. Shri Gobardhan Banerjee. 2. Shri Pataki Charan Karmakar.
( 5 ) THE Tribunal, inter alia held, (a) that there could be no fresh adjudication on the question of scales of pay because in the absence of termination, the previous award on this question was binding between the parties; (b) that, in the course of the conciliation proceedings, preceding the reference, the respondent No. 1 increased the dearness allowance from Rs. 28/- to Rs. 30/- per month and that was fair and appropriate dearness allowance; (c) that Gobardhan Banerjee having been reinstated during the pendency of the dispute, nothing further was required to be done in that matter; (d) that there was no reason to interfere with the action of the management in retrenching Pataki Charan Karmakar;and made an award accordingly.
( 6 ) THE petitioner trade union moved this Court, under Article 226 of the Constitution, against the award and obtained the present Rule. In the cause title, the petitioner union described itself as, 'west Bengal Press Workers and Employees Union, 84/1-A, Bowbazar Street, Calcutta -12 (representing the workmen of Messrs. Art Union Printing Works Private Ltd.)'.
( 7 ) MR. Phanindra Kumar Sanyal, learned Advocate for the respondent No. 1, raised a preliminary objection to the maintainability of the application. The form in which the objection was taken is to be found in paragraph 2 of the affidavit-in-opposition, viz. , " * * * the petitioner union has no locus standi to make the application under Article 226 of the Constitution of India in the manner it has done and the same is not maintainable in law. "
( 8 ) IN support of the preliminary objection Mr. Sanyal placed strong reliance on the following authorities, which I need consider at this stage: (1) Indian Sugar Mills Association v. Secretary to Government of U. P. Labour Department. In this case the Petitioner Association moved the High Court of Allahabad, under Article 226 of the Constitution, against an order made by the State Government of Uttar Pradesh, whereby it accepted the recommendations of a Court of Enquiry and directed payment of all bonuses and retainer allowances by certain sugar mills to their respective workmen. A preliminary objection was raised on behalf of the Uttar Pradesh State to the effect that inasmuch as the application was not filed by the sugar mills, whose rights had been affected by the order, the application must fail on that ground. A Full Bench of the Allahabad High Court observed that though Article 226 of the Constitution made no mention as to who shall apply for an approp
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
