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1. The Marwari Relief Society (hereinafter referred to as the "society") is a company incorporated under the Companies Act and one of its objects is to supply essential commodities to the members of the public at cheap rates. It claims to be a non-profit making concern. The society has various departments, including hospitals, charitable dispensaries, sanatorium, relief work, training in craftsmanship, etc. It runs also a sweetmeat shop.

2. The petitioner is the secretary of the Marwari Relief Society Mazdoor Union, a registered trade union of the workers in the different departments of the society.

3. Alleging that the sweetmeat shop of the the society had made a large profit in the year 1958-59, the workmen of the Marwari Society (sweetmeat shop) presented a charter of demands claiming payment of

(i) two months' total wages as Puja bonus,

(ii) three months' total wages as bonus for the year 1958, and

(iii) delimitation of working hours to eight hours a day.

The society did not agree to the demands.

4. Intervention of the Labour Commissioner was sought by the workmen in the matter, by letter, dated 31 August 1959. Conciliation proceeding, however, was not immediately taken up. It was only on 5 March 1960 that a labour officer for the first time took step calling for a joint conference between the Representatives of the management and the workers, in the matter of the charter of Remands. On 4 April 1960, the society sent its comments on the charter of demands to the following effect:

2. The working hours of the shop employees are already covered by the Bengal Shops and Establishments Act, 1940.
3. In view of what has been stated above, Government considers no further intervention in the matter to be called for.

8. The workers' union made various attempts thereafter to have the decision taken by the State Government changed and at last, on 7 August 1961, received the following letter from the Minister-in-charge of the Labour Department:

With reference to the union's representation on the above subject, I am to say that I have carefully examined the matter. The articles of association of the society show that one of the objectives of the society is to provide for cheap canteen for poor people. The sweetmeat shop is ran for the benefit of the poor. Besides; whatever profits are earned by the sweetmeat shop go into the general fund for running charitable institutions.

15. Mr. Dutt could not satisfy me on the materials on record that there was no functional integrality between the sweetmeat shop and other departments of the society, say for example, the handicraft training department or the hospital department. In the affidavit-in-opposition, the financial interdependence of the different departments was stressed, particularly of the sweetmeat shop of which various expenses were debited in the general fund of the society. I cannot therefore accept this branch of the contention.