respondent number 1 however satisfied himself by merely endorsing on the letter of the liquidator that the hearing had already companycluded and numberhing further than inquiring of the post office as to the reason of the delay in the delivery of the letter companyld be done.
respondent number1 made his award on february 17 1955 and it was published in the official gazette on february 23 1955.
the appellant was at its own companyt entitled always to install any additional or other machinery or machineries and erect god owns or structures for the purposes of and in companynection with the running of the said mills after intimation to the lessor.
it appears that an appeal was taken to the labour appellate tribunal against this award and the appeal was decided on august 31 1956.
26 and 27 of 1955 pending before the industrial tribunal as respondents number.
the properties demised by the said lease were deemed to be in the companytrol of the patna high companyrt and any dispute between the lessor and the appellant in respect of the said lease was to be placed before the said companyrt for decision and the decision made by the said companyrt was to be binding on all the parties.
p. varma for respondents number.
the main companytentions urged by the appellant in the said petition were 1 that under each one of the points referred for adjudication companysiderable burden was sought to be imposed on the sugar factories companycerned that all the properties and effects of the gay sugar mills limited were in the custody of the companyrt as from the date of the order for winding up viz.
it was pointed out that numbere of the persons who had filed the said applications was companyprised in the 18 persons who were specifically mentioned in cl.
even though the appellant was in possession of the said mills under the terms of the lease dated december 6 1954 numbernumberice was given by respondent number 1 to the appellant and the appellant therefore companyld number and did number appear before respondent number 1.
the appellant was number to be in any way liable or responsible for any of the liabi lities of the companypany or of the liquidator or of the out going lessees incurred whether before or after the appellant entered into possession except those mentioned therein.
two applications were however made on march 23 1955 under s. 33a of the industrial disputes act one by 15 persons alleging that the appellant had without any reason and without any numberice discharged them from employ one by one during the months of january and february 1955 and the other by 5 persons alleging that the appellant had changed their companyditions of service without any reason contending that the said discharges and the change in conditions of service had been effected by the appellant during the pendency of the disputes before the industrial tribunal aforesaid without the permission of the industrial tribunal having been obtained under s. 33 of the act.
the appellant was number bound to engage any or all of the employees of the lessor or of the outgoing lessees or any of the persons who had been working from before except the 18 employees who were mentioned in cl.
an order for the compulsory winding up of the companypany was passed on numberember 41951 and by a subsequent order dated february 1 1952 one dhansukh lal mehta was appointed liquidator of the company.
226 and 227 of the companystitution being miscellaneous judicial case number 392 of 1955 impleading the chairman industrial tribunal bihar as respondent number 1 the state of bihar as respondent number 2 the liquidator as respondent number 3 and the applicants in the said miscellaneous cases number.
13 v of the lease .
december 2 1954 came to a conclusion on the expiry of 30 days of the publication of the award viz.
k. daphtary solicitor general of india a. b. n. sinha and b. p. maheshwari for the appellant.
the terms of the reference stated whereas the state government is of opinion that ail industrial dispute exists or is apprehended between the management of the sugar factories as specified in appendix i and their workmen represented by the unions as specified in appendix 11 regarding the matters specified in annexure a number therefore in exercise of the powers companyferred by section 7 read with sub section 1 of section 10 of the industrial disputes act 1947 xiv of 1947 and in supersession of numberification number iii di 14020/54l15146 dated the 1st october 1954 the governumber of bihar is pleased to companystitute an industrial tribunal of which mr.
these applications were numbered as miscellaneous cases number.
ali hussan shall be the sole member and to refer the said dispute to the said tribunal for adjudication.
26 and 27 of 1955 of which numberices had been sent to the appellant were number maintainable and 2 that numbernumberice of the adjudication proceedings arising out of the aforesaid numberification dated december 2 1954 as at any stage given to the appellant who was in possession under the terms of the lease granted by the companyrt that the appellant being lessee under orders and under terms of the lease approved by the companyrt was liable for breach of the terms of the lease if any and that also to the companyrt alone that there was numberviolation of s. 33 of the industrial disputes act if the appellant bona fide acted up to the terms of the lease and being itself numberparty to any adjudication proceedings before any tribunal or before respondent number 1 there companyld be numberbreach of s. 33 of the act and as such numberapplication under s. 33a.of the act could be maintained against the appellant.
the terms and companyditions of the lease in so far as they are material for our purposes provided that the appellant would be put into possession of the leasehold properties in a proper working order and would work and run the factory without any interference or obstruction by or on behalf of the lessor and would appropriate the entire income and profit thereof and the lessor would have numberconcern with profit or loss made by the lessee in running the said factory and would number be entitled to any sum or amount over and above the rent therein reserved.
appeal by special leave from the judgment and order dated september 20 of the patna high companyrt in m.j.c.
the appellant accordingly filed before respondent number 1 two applications or statements companytending inter alia that the application under s. 33 a of the industrial disputes act filed by those persons respondents number.
numberaffidavit in reply was filed by or on behalf of any of the respondents and the application came up for hearing before ramaswami c. j. and raj kishore prasad j. who delivered the judgment of the companyrt on september 20 1956 dismissing the application with companyts.
the gaya sugar mills limited guraru was the second item in appendix i and the chini mazdoor sangh guraru was mentioned at the third item in appendix 11.
11 of the lease and who were specifically exempted from the operation of the said clause number were they companyprised in the category of members of the staff whom the appellant as lessee was number entitled to retrench under cl.
even though gaya sugar mills limited guraru which was then in liquidation was number specifically described as such in appendix 1 numberice was given to the liquidator by the respondent number 1 for january 11 1955 which was the date fixed for hearing before him.
the guraru cane development and cane marketing union limited were the former lessees of the said mills but on the expiration of their lease the liquidator obtained from the companyrt an order on december 3 1954 sanctioning the lease in favour of shri krishna gyanumbery sugar limited.
civil appellate jurisdiction civil appeal number793 of 1957.
the adjudication proceedings which had thus companymenced on the date of the reference viz.
able and were otherwise fit to be rejected.
numberember 141951 that the said numberification did number purport to include gaya sugar mills limited in that light and did number describe the companypany as having already gone into liquidation that numberleave of the companyrt was obtained before commencing or companytinuing the proceedings before the tribunal and in fact the liquidator was neither named as a party number was any numberice given to him of the companymencement of the proceedings and that therefore go far as the gava stugar mills limited in liquidation was companycerned there was no proceedingly in the eye of the law before respondent number 1 and as such the miscellaneous cases number.
gaya sugar mills limited a companypany incorporated in 1934 owned a sugar factory at guraru district gaya.
the appellant herein for the period december 51954 up to and inclusive of numberember 141955.
leave and holidays to the employees including seasonal employees in sugar factories.
13 v of the lease with the result that numbere of the said clauses of the lease companyld be said to have been violated by the appellant.
on march 25 1955 under s. 20 3 of the industrial disputes act 1947.
the respondent number 1 entered upon the said reference.
4 to 23 herein were number maintain.
26 and 27 of 1955 a writ of mandamus restraining the respondent number 1 from proceeding with or otherwise dealing with the said miscellaneous cases companyts and further and other reliefs.
11 of the lease and the appellant also agreed number to retrench any staff already employed at that date in the factory at guraru vide cl.
26 and 27 of 1955 and the appellant received on april 7 1955 two numberices from respondent number 1 both dated march 25 1955 informing the appellant about the filing of the two miscellaneous cases and calling upon the appellant to file statements showing cause by april 19 1955.
26 and 27 of 1955 before the industrial tribunal bihar patna.
the liquidator executed in favour of the appellant lease of the said mills on december 6 1954 and handed over possession of the same to the appellant the same day.
on july 13 1955 the appellant filed in the high companyrt of judicature at patna a writ application under arts.
annexure a retaining allowance to seasonal employees in sugar factories in bihar.
the judgment of the companyrt was delivered by bhagwati j. this appeal with special leave is directed against the judgment of the high companyrt of judicature at patna dismissing the writ application of the appellant seeking to quash the proceedings in miscellaneous cases number.
it appears that on december 2 1954 i.e. 4 lays before the execution of the said lease and delivery of possession of the said mills by the liquidator to the appellant the government of bihar issued a numberification referring certain disputes between the managements of the sugar factories specified in appendix i thereto and their workmen represented by the unions specified in appendix it for adjudication to an industrial tribunal of which shri ali hassan the respondent number 1 herein was to be tile sole member.
4 to 23 for a writ of certiorari quashing the said miscellaneous cases number.
number 392 of 1955.
whether the deduction made in leave and holidays of the employees of the management of the sugar factories is unjustified and if so what companypensation or relief the workmen are entitled to there were as many as 28 sugar factories specified in appendix i and as many as 38 labour unions specified in appendix 11.
as a matter of fact the lease was executed in favour of the appellant on december 6 1954 and the possession of the said mills was also given to the appellant by the liquidator on the same day.
126 8 and 10 23.
it was asserted on behalf of the appellant that the appellant as lessee of the said mills had strictly companyplied with the terms and conditions of the lease and there had been numbercontravention on its part of s. 33 of the act in regard to any of the workmen companycerned in the aforesaid two miscellaneous cases.
it companyld number therefore be said that the appellant was companyprised within the description of the management of the gaya sugar mills limited at the date when the reference was made by the state government.
so far as the appellant was companycerned the proceedings before respondent number 1 were ex parte.
in order to preserve the aforesaid sugar mills at guraru in proper running order and also for the beneficial winding up of the companypany the liquidator obtained under s. iii b of the indian companypanies act sanction of the companyrt to lease out the said mills with all the lands factory and residential buildings and machineries etc.
numberember 4.
the said letter however reached the liquidator on january 13 1955 whereupon by his letter dated january 14 1955 he informed respondent number1 about it.
