LexCHEMICALS & FIBRES OF INDIA LTD. versus D. G. BHOIR & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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1 '
,
415
CHEMICALS & FIBRES OF INDIA LTD.
v.
D. G. BHOIR & ORS.
May 2, 1975
[A. ALAGIRISWAMI, P. N. BHAGWATI AND P. K. GOSWAMI, JJ.]
Industrial Disputes Act, 1947, Sections ZA and 23 (b)-"During the pen-
dency of proceedings'', 111ea11il1g of-Reference pen~ing before
Labour
Cou~t
in respect of n1atter falling under S. 2A-Stnke by other ivorkn1e1:·, if
barred.
A
c
On 14th August, 1972 the Government of ]\.faharashtra made a reference
to the Labour Court under s. !O{l)(c) of the Industrial Displ1tes Act of an
industrial dispute in respect of the dis.missal by the appellant of one of its
employees N. S. Bobhate.
On 25th August 1972 the appellant dismissed
three other workers, Dastoor, Shome and Soman after an i::;nq uiry and this led
to a strike in the appel1ant's factory. Towards the end of October 1972 the
·Company discharged about -312 of its employees and filed 12 applications be-
D
fore the Industrial Tribunal for approval of such discharge as a reference was
pending before it. . The appellant pleaded before the Tribunal that the strike
was illegal as a reference was pending in respect of Bobhate and therefore
the discharge of its workers by the appellant \Vas in order and approval
should be granted.
On August 30, 1973 the Tribunal rejected all the appli-
cations for approval and these appeals. have been filed in pursuance of a Special
Leave granted by this Court
It was contended on behalf of the appellants __ that the whole of the
machinery under the Act is available in the case of a reference relating to
an individual workman and one~ something which is not an industrial dispute
is deemed to be an industrial dispute all the necessary implications of such
a deeming provision should be given effect to.
On the other hand, conten-
tion on behalf of the \Vorkmcn \vas that, if the intention was to make the
v.'hole of the machinery of the Act available even in the case of pendcncy
of the case of an individual \vorkman before a Labour Court or Tribunal
what would have been done is to add the words "and includes any dispute
or difference between a workman and his employer connected with or arising
out of the discharge, dismissal, retrenchment or termination of the services
of that \Vorkman notwithstanding that no other workman nor any union of
workmen is a party to the dispute" to clause (k) of sec. 2.
It was further
contended that the dispute or diITerence between the individual workman and '
his employer is only deemed to be an industrial dispute and that it is not
in fact an industrial dispute. In the case of a deeming provision no greater
effect should be given to it than is necessary for the purpose for which it is
enacted.
Disrnissing the appeals,
E
F
G
HELD : (i) The important words in S. 23(b) of the Act are "during
the pendency of proceedings." Eve,n though the dispute between the employer
and the employees might relate to a case of a single workman the provisions
of s. 23 (b) would apply if the single workman's cause has been espoused by
H
a labour union \Vhich need nut necessarily comprise of all the employees <tf
the concerned employer. [418 A-BJ
(ii) Even lhough the proceedings pending before the Labour Court, Tri-
bunal or National 'fribunal might telate to certain matters only. there cannot
be a strike or lock-out even in relation to matters other than those which are
pending before the Labour Court, Tribunal or National Tribunal. [418 B-C]
,
r
416
A
B
c
D
E
F
G
H
SUPREME COURT REPORTS
(1975] supp. S.C.R.
Proi·at Kuntar v. W. T. C. Parker, AIR
1950 Cal.
fliJu1r v. Deodar iha, AIR 1958 Patna 51, approved.
116
and State of
(ii.i) Jn enacting S. 2A the intention of the legislature was that an indi-
vidual \Vorkman who was discharged, dismissed or
retrenched
or
whose
services were otherwise terminated should be given relief without it being
necessary for the relationship between the employer and the v,rhole body of
employees being attracted to that dispute and the dispute becoming a generalised
one between labour on the one hand and the employer on the other. [418H, 419A}
tiV) The provisions of the Industrial Disputes Act clearly bring out the
elaborate nature of the proceedings relating to conciliation, arbitration, settle-
ment, inquiry and ward.
The intention behind all these provisions is to
avoid strikes and lock-outs as
far
as
possibic
not
only
by
bringing
the
parties
together
but
also
by
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