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1963 Supreme(Online)(AP) 7

ANDHRA PRADESH HIGH COURT
Basi Reddy, J
Messrs. Express Newspapers (Private) Limited – Appellant
Versus
Andhra Pradesh Union of Working Journalists – Respondent
Industrial Disputes Act, 1947|Writ Petition



Advocates:
For the Appellants/Petitioners:Advocate A
For the Respondents:Advocate B

To qualify as an industrial dispute under the Industrial Disputes Act, collective involvement by employees or a union is required; individual disputes do not meet this criterion.

Headnote:(A) Industrial Disputes Act, 1947 - Sections 2(k) - Dismissal of employees - Jurisdiction of Labour Court - The core issue is whether the cause of dismissed employees can transform an individual dispute into an industrial dispute by being espoused by a union not directly representing them. The court held that such representation must demonstrate a direct and substantial interest in the dispute, which was not fulfilled by the Andhra Pradesh Union. The definition of ‘industrial dispute’ as it relates to collective workmen is key. (Paras 7, 11, 22, 23)

(B) The court determined that merely writing letters of support does not equate to espousal of the cause; substantive participation is necessary for the status to change. The dismissal of the employees was deemed an individual dispute, lacking the requisite community of interest necessary for an industrial dispute. (Paras 9, 15, 24)

Facts of the case:
The appellant dismissed two journalists for misconduct. They claimed wrongful termination, with the union's support igniting the conflict. The Labour Court ruled in favor of the union's representation claim, prompting the appeal.

Findings of Court:
The court found the Labour Court lacked jurisdiction to decide on the matter since no collective agreement or interest was present among the other employees or the union advocating the dismissal case.

Issues: The main issue pertains to the transformation of individual disputes into industrial disputes and whether a union can represent dismissed employees without direct interest.

Ratio Decidendi: There must exist direct and substantial interest from a union representing workmen for a dispute to qualify as industrial; merely supportive actions do not suffice.

Result: Appeal allowed.

Table of Content
1. dismissing employees can result in disputes requiring collective representation. (Para 1 , 2 , 4)
2. union's lack of direct employee interest challenges the legitimacy of the appeal. (Para 5 , 6)
3. recognition of industrial disputes relies on collective bargaining rights. (Para 7 , 9 , 10)
4. direct participation from fellow employees is crucial for dispute classification. (Para 21 , 24)

1. This is an appeal against the judgment of our learned brother Basi Reddy, J. refusing to remove an order of the Labour Court, Andhra Pradesh at Hyderabad on certiorari.

2. The facts material for the purpose of this enquiry are shortly these. The appellant i.e., Messrs. Express Newspapers (Private) Limited is a company incorporated under Indian Companies Act and has its head office at Madras. At the material time, it had a branch at Hyderabad with five employees, a branch manager, two working journalists, a staff reporter and a correspondent, who are respondents 2 and 3 in this appeal, a teleprinter operator and an attender. The appellant dismissed the two respondents from service on 28-6-1959 for misconduct and gross negligence of duties. While there was a Union of the appellant's workmen in Madras known as the Express Newspapers Employees' Union, there was no such union of the workmen of the appellant's establishment at Hyderabad. Respondents 2 and 3 were not members of the Madras Union but were members of the Andhra Pradesh Union of Working Journalists which had its registered office at Hyderabad.
Respondents 2 and 3 wrote to the General Secretary of the Andhra Pradesh Union of Working Journalists (which will hereinafter be referred to as the Andhra Pradesh Union) apprising him of their dismissal on 28-6-1959 by the management of the Express Newspapers Limited and complaining that their dismissal was wrongful and vindictive and was an act of victimisation for their trade union activities and requesting him to convene a meeting of the general body of the Andhra Pradesh Union to espouse their cause and to secure the redressal of their grievances. Meanwhile, the other two employees of the appellant addressed letters to the Andhra Pradesh Union promising their co - operation to the Union in any steps which the Union might take in the matter of obtaining the redressal of the grievances of respondents 2 and 3.
At a meeting of the general body of the Andhra Pradesh Union held on 19th July, 1959, a resolution was passed condemning the action of the management of the Express Newspapers (private) Limited in illegally and improperly dismissing respondents 2 and 3. By the same resolution it was decided that the Union should sponsor the cause of respondents 2 and 3 and take necessary steps to secure redressal of their grievances by moving the concerned authorities. Then the Union wrote to the appellant protesting against the dismissal of respondents 2 and 3 to which the latter sent a reply justifying their action. Thereafter, the Union started proceedings before the Conciliation Officer, Department of Labour, Government of Andhra Pradesh. The Conciliation proceedings however did not bear fruit.
Ultimately, the Government of Andhra Pradesh referred the following matters for adjudication to the Labour Court, Hyderabad :
"Whether the dismissal of the following working journalists is justified :
1. Sri R. Sampath, Staff Reporter; and
2. T. V. Krishna, Correspondent.
If not, to what relief are they entitled?"







3. When the matter went up before the Labour Court, the appellant questioned its jurisdiction to entertain the reference, inter alia, on the ground that the dispute was only an individual dispute and not an industrial dispute within the terms of S.2 (k) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) inasmuch as it was not sponsored by a substantial section of the entire establishment of the appellant's company or a recognised part of the establishment thereof or by a Union of the Workmen of the company. It is not ne






































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