51 and 52/61 Appeals from the judgment and decree dated September 23, 1959, of the Allahabad High Court Lucknow Bench at Lucknow in C. M. Applications Nos.
It shall then be signed and dated by the Tribunal.
Acting presumably under Standing Order No.
Sub clause 7 of this clause is in these terms The decision of the Tribunal shall be in writing and shall be pronounced in open companyrt and dated and signed by the member or members of the Tribunal, as the case may be, at the time of pronouncing it.
8 of the Statutory Order the Government had set up the Tribunal.
Under this power the Government had issued an Order dated July 14, 1954 and this Order is hereafter called the Statutory Order.
On that date, however, the award was number pronounced in open companyrt, number was any intimation of any other date for its pronouncement given to the parties.
226 of the Constitution for writs quashing the award and prohibiting the Government and the workmen from taking steps to implement it.
9 of the Statutory Order gives power to the Tribunal to make Standing Orders relating to its practice and procedure.
V. Viswanatha Sastri, and K. L. Arora, for Respondent No.
Standing Order No.
Under this sub clause the Tribunal framed certain Standing Orders.
By a judgment passed on September 23, 1959, the High Court allowed the petitions of the Ice Factories and issued writs quashing the Notification publishing the award.
Judgment shall be pronounced in open companyrt either immediately after the close of the arguments or on a subsequent date of which previous numberice shall be given to the parties.
They companytended that the award sought to be enforced was a nullity as it had number been pronounced in open companyrt as required by certain rules to which reference will presently be made.
In exercise of powers companyferred by el.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Tribunal heard the matters but failed to pronounce its award in open companyrt.
The details of these disputes are number material for these appeals.
Section 3 of the Act gives the Government power in certain circumstances to make provisions by general, or special order 1 for appointing Industrial companyrts, 2 for referring any industrial dispute for adjudication in the manner provided in the order and 3 for matters incidental or supplementary to the other provisions of the order.
Thereupon the Tee Factories moved the High Court at Allahabad on January 3, 1957 under Art.
February 7.
1 in both the appeals .
Clause 11 of the Statutory Order gives power to Government to refer any industrial dispute to the Tribunal.
On December, 15, 1956, the award was published in the U. P. Gazette and it appeared from this publication that the award was dated November 8, 1956.
The, appellants in each case are the State of Uttar Pradesh, for short called U. P. and some of its officers and the respondents in one appeal are Lakshmi Ice Factory and certain of its workers and in the other the Prakash Ice Factory and certain of its workers.
On December 26, 1956, the Regional Conciliation Offi cer appointed under the Act called upon the Ice Factories to implement the award immediately.
The Judgment of the Court was delivered by SARKAR, J. These two appeals have been heard together.
By a Notification issued on February 10, 1956, the Government of U. P. referred certain disputes which had cropped up between each of the Ice Factories and its respective workmen, to an Industrial Tribunal for adjudication.
B. Agarwala and C. P. Lal, for the Appellants in both the appeals .
Instead, on November 8, 1956, the Registrar of the Tribunal informed the Ice Factories that the award of the Tribunal had been submitted to the Government.
It was under powers companyferred by the Act read with the Statutory Order that the Government had issued the Notification of February 10, 1956.
15 O.J. and 16 O.J. of 1957 respectively.
The appeals are against this judgment of the High Court.
36 provided.
These appeals involve a question of companystruction of certain provisions of the U. P. Industrial Disputes Act, 1947, hereafter referred to as the Act.
Clause 9 of the Statutory Order provides for the procedure to be followed by the Tribunal.
