The Labour Court, Meerut, made its award on September 30, 1958 in which it was held that Summeras dismissal was wrongful.
The impugned order of reference was made on May 17, 1958.
However, we heard companynsel for both sides on the main question as to whether the dispute arising on the dismissal of the respondent was espoused by other workmen to make it an industrial dispute.
On behalf of the appellant companypany the only point argued before us was that in the absence of any companyvincing evidence that a large number of workmen of the companypany espoused the cause of the respondent, the dispute remained an individual dispute and did number acquire the character of an industrial dispute.
It was added that the respondent was a member of the aforesaid union.
In support of the claim that this was an industrial dispute the respondent in his companynter affidavit filed in the High Court annexed companyies of two documents.
One of these documents is a letter dated June 15, 1956 addressed by the Secretary of the Electric Workers Union, Mathura to Shri P. N. Bhargava, Vice President of the Uttar Pradesh Indian National Trade Union Congress, Agra, saying that efforts should be made immediately to get the case of the respondents dismissal referred for adjudication.
The opening words of that order were Whereas an industrial disputeexist between the companycern known as M s. Mathura Electric Supply Co. Ltd., Mathura, and its workman Shri Summera The description of the dispute in this order as one between the companypany and an individual workman prompted the Company to file a writ petition in the Allahabad High Court challenging the validity of the reference.
Thereafter the Government of Uttar Pradesh by an order made on April 15, 1957 amended the earlier order by substituting for the words M s. Mathura Electric Supply Co. Ltd., Mathura and its workman Shri Sumniera occurring in the earlier order, the words M s. Mathura Electric Supply Co. Ltd., Mathura and its workmen.
By the other document which is dated November 15, 1956 the Secretary, Electric Workers Union, Agra authorised Shri P.N. Bhargava, Vice President, Uttar Pradesh Indian National Trade Union Congress, Agra branch, to represent the respondents case before the Conciliation Board, Adjudicator, Labour Tribunal or any other Tribunal in companynection with the industrial dispute regarding the termination of his services or before any Government Officer in companynection therewith.
In this appeal by special leave the only question for determination is whether the dispute referred by the Deputy Labour Commissioner, Uttar Pradesh, on May 17.
We have already referred to the letter of June 15, 1956 addressed by the Secretary of the Electric Workers Union, Mathura to the Vice President of Indian National Trade Union Congress, Agra, and the document dated November 15, 1956 authorising the Vice President to represent the respondents case.
The impugned order of reference dated May 17, 1958 describes the dispute as one existing between the employers and the workmen of the companycern known as M s. Mathura Electric Supply Co. Ltd., Mathura.
The third respondent, Summera, hereinafter referred to as the respondent an employee of the appellant companypany, was dismissed from service on August 22, 1955.
The companypany filed a writ petition in the Allahabad High Court challenging the validity of this Award.
1958 to the Labour Court at Meerut under Section 4 K of the U.P. Industrial Disputes Act, 1947 was really an industrial dispute.
The Labour Court directed that the workman should be reinstated without a break in service and paid all arrears of wages.
A single Judge of the High Court did number accept the companytention raised on behalf of the companypany that it was an individual dispute and agreeing with the finding of the Labour Court that this was an industrial dispute the learned Judge dismissed the writ petition.
A Division Bench of the High Court dismissed the appeal preferred by the Company against the decision of the single Judge on the preliminary ground that the appeal was incompetent by reason of number joinder of a necessary party, namely, the Electric Workers Union, Mathura.
Ultimately on, December 30, 1957 the State Government passed an order withdrawing the reference made to the Regional Conciliation Officer, Agra, which made the writ petition infructuous and it was accordingly dismissed.
