Jai Gopal Sethi, J. B. Dadachanji, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant.
Appeal from the judgment and order dated November 25, 1955, of the Circuit Bench of the Punjab High Court at Delhi, in Civil Writ Application No.
H. Dhebar and T. M. Sen, for respondent No.
The hotel then applied for leave to appeal to this Court, which was granted on January 13, 1956.
S. Pathak, V. P. Nayar and Janardan Sharma, for respondent No.
189 D of 1955.
The main companytention on behalf of the hotel is that the reference is incompetent and two grounds have been urged in support of it namely, 1 the union companyld number be made a party to the reference under the Industrial Disputes Act, 1947, hereinafter called the Act and 2 the reference was vague, as it did number indicate how many of the 480 workers of thirty different categories working in the hotel were involved in the dispute.
The Judgment of the Court was delivered by WANCHOO J. This appeal companyes before us on a certificate granted by the Punjab High Court under, Art.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
291 of 1956.
May 13.
The portion of the order of reference, relevant for our purposes, is in these terms Whereas from a report submitted by the Director of Industries and Labour, Delhi under s. 12 4 of the Industrial Disputes Act, 1947 as amended, it appears that an industrial dispute exists between the management of the Hotel Imperial, New Delhi and its workmen as represented by the Hotel Workers Union, Katra Shahanshahi, Chandni Chowk, Delhi AND whereas on a companysideration of the said report the Chief Commissioner, Delhi, is satisfied that the said dispute should be referred to a tribunal Then follows the order referring the dispute to the Additional Industrial Tribunal, Delhi including the terms of reference.
3 here inafter called the union .
The main companytesting respondent is respondent No.
The appellant is the manager, Hotel Imperial, New Delhi here in after called the hotel while the respondents are the Chief Commissioner, Delhi, the Additional Industrial Tribunal, Delhi , and the Hotel Workers Union, Katra Shahanshahi , Chandni Chowk, Delhi.
The hotel obtained stay of the proceedings before the Additional Industrial Tribunal from this Court on February 27, 1956.
Soon after the hotel filed a writ application in the Punjab High Court challenging the order of reference on a variety of grounds.
It was referred to an Industrial Tribunal on October 12, 1955, by the Chief Commissioner of Delhi.
133 1 a and c of the Constitution.
The writ application was heard by the High Court and dismissed on November 25, 1955.
A dispute arose between the hotel and its workmen in October 1955.
