Conciliation arrived at before Minister in charge if can be held u/s 12 of the Act.

Burmah-Shell, Caltex and Standard Vacuum are important distributors of mineral oil and mineral oil products in India. Prior to April, 1959, the employees of these concerns-or rather, the bulk of them- belonged to one or other of four Unions, viz., the Burmah-Shell Oil Company’s Union, the Caltex Oil Company’s Union,the Standard-Vacuum Oil Company’s Union and the Madras Kerosene Oil Workers’ Union. Neither the Burmah-Shell Oil Company nor the Burmah-Shell Oil Company’s Union figure in the present dispute. The Caltex Oil Company and the Standard Vacuum Oil Company have each two terminals or installations in the City of Madras. The Burmah-Shell Oil Company has also its terminals. The Madras Kerosene Oil Workers’ Union includes in its membership the employees of all the three companies in their terminals in Madras. But, in these proceedings we are not concerned with the employees in the terminals of installations of the Burmah-Shell Oil Company in the City of Madras.

The Caltex Employees’ Union had been recognised by the Caltex Oil Company subject to certain terms. One of these ran as follows:

“ The Union excludes from its membership the Service and Labour Staff of the Company’s Madras Terminals who are now represented by the Madras Kerosene Oil Workers’ Union.”

In or about April, 1958, the Caltex Employees’ Union and the Standard Vacuum Oil Company’s Union effected a merger and the amalgamated union was called the Petroleum Workers’ Union. Up to the end of December, 1957, the conditions of employment in the Caltex Oil Company and the Standard Vacuum Oil Company were governed by certain agreements. These agreements lapsed on the last day of December, 1957. On 4th January, 1958, the Caltex Employees’ Union wrote to the District Manager of Caltex (India) Ltd., enclosing a “charter of demands” and calling upon the Company to concede those demands. On 30th June, 1958, the Madras Kerosene Oil Workers’ Union notified the management of the companies that they would go on strike at the end of 15 days. Thereupon the Commissioner of Labour, who is also the Concilation Officer appointed under the Industrial Disputes Act of 1947, called for a meeting between the representatives of the employers and employees. On 18th July, 1958, the Commissioner of Labour wrote to Government reporting what had happened at the meeting. His letter concluded as follows:

“Both parties have agreed to meet me on 31st July, 1958, for a further discussion of the matter. I shall send a further report to Government after meeting the parties on that date.”

Copies of this letter were sent to the three companies and to the Madras Kerosene Oil Workers’ Union, the Burmah-Shell Employees’ Union and the Petroleum Workers Union. Further discussions took place on 31st July, 1958 and a report thereon was sent by the Conciliation Officer on 2nd August, 1958, to Government. In that letter he explained briefly what had happened at the meeting and ended it as follows:

“The managements declined to commit themselves to arbitration or to any interim payment of bonus. Mr. White wanted at least six weeks time to work out the details and put forth concrete proposals in the matter. The Union representatives stated that they could not accept the four months’ bonus for 1957 as a final payment without knowing definitely the other proposals of the managements and that they could not also wait indefinitely in the matter. In the absence of any concrete proposals from the management, it has not been possible to bring about a settlement of the dispute.”

According to the Petroleum Workers’ Union, who are the petitioners before me this report of the Labour Commissioner and Conciliation Officer is a final report within the meaning of section 12 (4) of the Industrial Disputes Act.

On 12th August, 1958, the Additional Secretary to Government in the Department of Industries, Labour and Co-operation, wrote to the managements and the Unions stating that the Minister for Industries desired to discuss with t