The Sirsilk Ltd. And Others vs Government Of Andhra Pradesh & Another on 20 March, 1963
In the light of the order of this Court the Industrial Tribunal
heard the parties and passed an Award on June 12, 1987. The
Award is a detailed reasoned Award. The Tribunal took note of the
background in which the disputes had arisen and the reference made
to it. It rejected the argument of the appellant-Union that once a
reference is made, the Labour Department of the appropriate
Government becomes functus officio in the matter. After
considering to the decisions of this Court in State of Bihar vs. D.N.
Ganguly & Ors. : 1959 1 SCR 1191 ; Sirsilk Limited vs.
Government of Andhra Pradesh and another : AIR 1964 SC 160
and Paraga Tools Ltd. vs. Mazdoor Sabha : 1975(I) LLJ 210 it
concluded that merely because a dispute had been referred to the
Industrial Tribunal for adjudication, it did not prevent the
Conciliation Officer from playing his role when other disputes arose
between the parties and the industrial peace was disturbed. It
noticed the fact that in the instant case a notice of strike was given
on February 14, 1983 and a notice of closure of a part of the
undertaking on April 4, 1983. The workers were disturbed and the
atmosphere was surcharged. In this background if the Conciliation
Officer intervened in an attempt to bring about a settlement, it
cannot be contended that he had no jurisdiction to do so. In fact the
Labour Department was not only justified but legally competent and
compelled to set the conciliation proceedings in motion so as to
restore industrial peace.