M.S. Ganapathi Nadar and Sons Factory and Others vs The State of Madras and Others

Rajagopala Ayyangar, J.—This writ petition has been filed by the managements of five handloom factories praying for the issue of a writ of

prohibition or other appropriate writ directing the Industrial Tribunal, Madras from proceeding with an enquiry which has been referred to this

body for adjudication. The complaint of the several petitioners is that the State Government who have been implead-ed as the first respondent in

this petition transgressed their jurisdiction u/s 10(1)(c) of the Industrial Disputes Act, 1947, in referring for adjudication to the Industrial Tribunal

certain disputes which were said to exist between; them and the persons who they say are not their workmen. There were as many as seven

establishments named in the reference between whom and the Dalavalpurain Workers'' Union the dispute was said to exist, and the reference

made was a single one. These petitioners have joined together and filed a single petition, invoking the jurisdiction of this court under Article 220 of

the Constitution. The office raised an objection that as the grievance put forward by the several petitioners was a violation of the rights of each of

persons figuring as petitioners, there have to be as many petitions as there arc petitioners and that a single petition is incompetent. As the learned

advocate for the petitioners contested this position, the matter has been placed before me for decision.

I have heard learned counsel for the petitioners who urged that as the reference by the Government, which was impugned in the petition, was a

single one the petitioners were entitled to file a single writ petition but I am not persuaded that this contention is correct. Notwithstanding that the

reference was one, what is sought to be ventilated in the petition is the right of each petitioner to carry on its business without the interference by

the State Government or the Tribunal acting under the provisions of the Industrial Disputes Act. That the right whose violation is alleged is an

individual right which inheres in each petitioner cannot be disputed and merely because similar rights possessed by the other persons are also

violated it does not follow that their grievances have had a unity. I have had occasion to deal with this matter in my order in W. P. Nos. 194 and

193 of 1956 S.M. Muhammad Ibrahim Vs. The Deputy Commercial Tax Officer, , arid in my judgment the present case falls within the rule I have

laid down there. I might also add that this rule was followed by me in another writ petition where the petition was by five labour Unions who filed a

single application complaining the action of the Government. I there held:

Though the Government as against whom the writ of mandamus is sought and the employer are units, still as different legal entities, viz, the several

unions are seeking reliefs -- though the relief might be similar -- each union has"" to file a petition. .... The relief if obtained would enure to the

benefit of the workers or components of each union.

The latter decision completely covers the present case, (unreported decision in S. R. No. 22276 D/-24-9-1956 (B). The petitioners will therefore

be directed to amend their petition in conformity with this order.