Back
MADRAS HIGH COURT
RAJAGOPALAN
Sri Rama Vilas Service Ltd., (Kumbakonam Branch)
Versus
State of Madras, represented by the Secy. to Govt.
Writ Petn. No. 503 of 1954
Decided On : 17 August, 1955
INDUSTRIAL DISPUTE - Whether an individual dispute between a dismissed workman and his employer would fall within the scope of an industrial dispute as defined by S. 2(k) of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) - Held, no.
Fact of the Case:
Natesan, a driver of a motor bus, was involved in an accident and submitted his resignation to the District Manager of the Kumbakonam branch of the S.R.V.S. Ltd., which was not accepted. Charges were framed against him and he was asked to show cause why he should not be dismissed. He submitted his explanation, but was dismissed by the District Manager. The Simpson and Group Companies Workers Union, Madras (Madras Union) espoused the case of Natesan and demanded his reinstatement. The Government of Madras referred the dispute to the Industrial Tribunal, Madurai, for adjudication. The petitioner, representing the management of the Kumbakonam branch of the S.R.V.S. Ltd., filed a petition under Art. 226 of the Constitution for the issue of a writ of prohibition or other appropriate writ to restrain the Industrial Tribunal from proceeding with the adjudication of the dispute.
Finding of the Court:
The Court held that there was no industrial dispute as defined by S. 2(k) of the Industrial Disputes Act, 1947 between the workers and the management of the Kumbakonam branch of the S.R.V.S. Ltd. The dispute was only between Natesan, an individual workman, and the management. Even if the Madras Union could take up the cause of Natesan, there was no dispute as such even between the Madras Union and the employer, because there was no demand made on the employer by that Union, and there was therefore no occasion for any refusal of such a demand. The Government had no jurisdiction to review its earlier order dated 27-8-1953, which refused to refer the dispute for adjudication.
Issues: 1. Whether the dispute between Natesan and the management of the Kumbakonam branch of the S.R.V.S. Ltd. was an industrial dispute within the meaning of S. 2(k) of the Industrial Disputes Act, 1947? 2. Whether the Madras Union had the right to represent the workers of the Kumbakonam branch of the S.R.V.S. Ltd. in the dispute? 3. Whether the Government of Madras had jurisdiction to refer the dispute to the Industrial Tribunal, Madurai, for adjudication?
Ratio Decidendi: 1. An individual dispute between a dismissed workman and his employer is not an industrial dispute within the meaning of S. 2(k) of the Industrial Disputes Act, 1947. 2. A trade union can only represent the workers of an industrial establishment if it has been authorized by those workers to do so. 3. The Government has no jurisdiction to refer a dispute for adjudication if it is not an industrial dispute.
Final Decision: The petition was allowed and the rule was made absolute. No order was made as to costs.
ORDER :- Natesan was a workman, a driver of a motor bus, in the industrial establishment of the Sri Rama Vilas Service Ltd., Kumbakonam branch. It was alleged that he was involved in an accident when driving his bus on 16-4-1953. On 20-4-1953 he submitted his resignation to the District Manager of the Kumbakonam branch, but that was not accepted. Charges were framed against him the next day by the management, and he was asked to show cause why he should not be dismissed from service. He submitted his explanation, two days later.
The Works Committee of the establishment, constituted under S. 3(1), Industrial Disputes Act, 14 of 1947 (hereinafter referred to as the Act), recommended his dismissal on 29-4-1953, and Natesan was dismissed the same day by the District Manager.
2. The petitioner claimed that most of the 600 workmen employed in the industrial establishment of the S.R.V.S. Ltd., Kumbakonam branch, were members of the Welfare Union, a registered trade Union. That Union approved of the dismissal of Natesan by the management. It was also alleged by the petitioner that Natesan was also a member of this Union.
3. The industrial establishment at Kumbakonam is a branch of the S.R.V.S. Ltd., which has its head office at Madras. The Simpson and Group Companies Workers Union, Madras, is also a registered Trade Union. It should be more convenient to refer to this Union as the Madras Union in the rest of this order. The Madras Union claimed that 40 of the workmen of the Kumbakonam branch of the S.R.V.S. Ltd., were on its rolls as members, and that Natesan was one of them.
The Madras Union espoused the case of Natesan. Reinstatement of Natesan was one of the demands the Madras Union presented on 28-7-1953 to the Director of the Amalgamations Ltd., Madras.
4. Even before the Madras Union demanded of the Director of the Amalgamations Ltd., that Natesan should be reinstated, and independent of that demand, the Madras Union moved the Government of Madras, to take the necessary steps under the Industrial Disputes Act. Conciliation proceedings were commenced on 30-5-1953, in which Natesan, the Madras Union and Mr. Arogyaswami on behalf of the management participated.
These proceedings failed, and that failure was reported to the Government in due course. Under S. 12(5) of the Act, the Government decided not to refer the dispute for adjudication. On 27-3-1953 the Government ordered.
"The Government consider that the dismissal of Sri Natesan Pillai is not a fit case for adjudication as the local welfare union supports the management and as the Works Committee has recommended his dismissal."
It was on 28-7-1953, it should be remembered that the Madras Union presented its demands to the Director of the Amalgamations Ltd., one of which was the reinstatement of Natesan.
5. On 4-9-1953, the Government of Madras referred to Mack, J., as Industrial Tribunal, constituted under the Act, a number of disputes between the workers and the management of the Amalgamations Ltd. The S.R.V.S. Ltd. and its branches in the Madras State constituted one of the eleven concerns included in the Amalgamations Ltd.
The Welfare Union of the Workers of the Kumbakonam Branch of the S.R.V.S. Ltd., applied to the Tribunal to withdraw the disputes of the workers of the Kumbakonam branch from the scope of the adjudication by the Industrial Tribunal; and on 1-2-1954, Mack, J. ordered :
"This is an application by the Sri Rama Vilas Ltd., Welfare Union, Kumbakonam, for permission to withdraw from this adjudication and deal with the management directly in respect of any problems regarding salaries, allowances etc. A counter has been filed by the Simpson and Group Companies Workers and Staff Unions, Madras, who claim a right to agitate for the same facilities for the members of the Kumbakonam branch as for all other branches.
The Madras Unions do not represent the Kumbakonam employees, who, through their own separate Unions, have asked for permission to withdraw from this adjudi
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
