Hon'ble Judges/Coram:
S.B. Majmudar, D.P. Wadhwa and A.P. Misra

JUDGMENT

D.P. Wadhwa, J.

1. Appellant, an employer, is aggrieved by judgment dated March 25, 1996 of the Division Bench of the Rajasthan High Court affirming in appeal the judgment dated December 15, 1992 of the learned single Judge. By this judgment the learned single Judge negatived the challenge of the appellant to the validity of the notification issued by the State Government under Section 10(1)(d) ¹read with Section 12(5) ²of the Industrial Disputes Act, 1947 (for short, the 'Act') to adjudicate the disputes between the appellant and the National Engineering Industries Workers' Union (for short; the Workers' Union) in respect of the demands raised by the Workers' Union. This notification is as under:

Government of Rajasthan

Department of Labour

No. Pl(1)(14171)/L&E/86 Jaipur dated 17 March, 1989

Notification

Whereas an industrial dispute³as described below has arisen between the Management of National Engineering Industries Ltd., Jaipur and President, National Engineering Industries Workers' Union, B-4, M.L.A. Quarters, Jaipur.

Whereas the Conciliation Officer, Jaipur has reported that no settlement was arrived at:

Whereas the State Government after considering the report of the above Conciliation Officer satisfied that the matter is fit to be referred to the Industrial Tribunal.

Therefore, now the State Government under powers conferred on it under Section 10, Sub-section (1), Clause (d) read with Section 12, Sub-section (3) of the Industrial Disputes Act, 1947 (Act 14 of the year 1947) hereby refers the above dispute for adjudication to Industrial Tribunal, Rajasthan, Jaipur duly constituted by the State Government under the Industrial Disputes Act, 1947 (Act 14 of the year 1947).

DISPUTE

In the 24 point charter of demands made by the President, National Engineering Industries Workers' Union, B-4, M.L.A. Quarters before the Management of National Engineering Industries Ltd., Jaipur (Charter of demands annexed) is fair and proper. If not to what the workmen are entitled? Annexed : Charter of demands

By Order of the Governor
(R. P. Tiwari)

Special Secretary to the Government

2. It would be appropriate at this stage to know the background under which the reference came to be made.

3. Appellant is a company registered under the Companies Act with its registered office at Calcutta. One of its factories is located at Khatipura Road, Jaipur in the State of Rajasthan. There are three unions with which we are concerned and these are : (1) National Engineering Industries Labour Union (for short, the 'Labour Union'); (2) National Engineering Industries Staff Union (for short, the 'Staff Union'); and (3) the Workers' Union referred to above. It is stated that Labour Union has majority of the workers on its roll; is recognised, and is the representative union and registered as such under the provisions of the Act as amended by the Rajasthan Industrial Dispu........