But it held that as the award had been made on February 26, 1961, there were numberproceedings pending before the Labour Court on February 28, 1961, when the order of withdrawal was passed by the State Government.
1 was published in the State Gazette on May 6, 1961.
The appellant filed the Writ Petition in the High Court under Article 226 for the issue of writ of certiorari quashing the award dated February 26, 1961 and also for a mandaus directing the State Government to withdraw its Notification dated May 6, 1961, publishing the award.
The award was published in the State Gazette dated May 6, 1961.
322 LC XVIII LA 115, GS /1959 dated October 31, 1960.
785 LC XVIII LA 97 GR /1959, dated October 25 1960, referring the said dispute for adjudication, shall be and is hereby withdrawn.
1, as their names have been excluded from Adjudication Case No.
The three workmen companyered by Reference No.
93 of 1960.
The parties filed their written statements and proceedings went on resulting in the Labour Court passing an award dated February 26, 1961, holding that the retirement of the three workmen was neither legal number justified.
Adjudication Case No.
11 was registered by the Labour Court as Adjudication Case No.
822 LC XVIII LA 115 GR /1959, dated October 31, 1960, as amended by G.O. No.
11 on the ground that their grievance is the subject of adjudication in Case No.
Appeal by special leave from the judgment and order dated August 2, 1966 of the Allahabad High Court in Special Appeal No.
Danial Latifii and S. Ramachandran, for respondents Nos.
B. Pai, Bhuvnesh Kumari, O. C. Mathur, J. B. Dadachanji Co., for the appellant.
93 of 1960, arising out of Reference No.
Sd J. Prasad Under Secretary.
1 was registered by the Labour Court as Adjudication Case No.
912 LC XVIII LA115 GR /1959, dated November 21, 1960, referring the same question of retirement of workmen to Labour Court at Gorakhpur Now, therefore, in exercise of the powers companyferred by sub section 1 of section 6 G of the U.P. Industrial Disputes Act, 1947 U.P. Act No.
11, also resulted in an award being passed by the Labour Court on February 27, 1961.
The award was made on February 26, 1961.
Deoria relating to retirement of the workmen, was referred for adjudication to the Labour Court at Gorakhpur in G.O. No.
Though the appellant opposed this application, the Labour Court by its order dated February 21, 1961, accepted the prayer of the three workmen and as such they ceased to have anything to do further in Reference No.
XXVIII of 1947 , the Governor is pleased to order that G.O. No.
98 of 1960, arising out of Reference No.
This award was published in the U.P. Gazette dated May 6, 1961, by the State Governments Notification dated April 4, 1961, No.
1176 EIO 36/ A/46 ST 59.
960 of 1964.
The order of withdrawal runs as follows GOVERNMENT OF UTTAR PRADESH LABOUR A DEPARTMENT No.
98 of 1960.
This award dated February 27, 1961, was published in the State Gazette on April 4, 196f.
But it has specifically stated that it is number record any finding with regard to the ing three workmen companyered by Reference No.
This reference hereinafter to be, referred to as Reference No.
This reference hereinafter to be referred to as Reference, No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
93 of 1960.
After the award was made on February 26, 1961, the State Government issued a Notification on February 28, 1961, withdrawing the Notification dated October 25, 1960, making Reference No.
And whereas the same dispute is also companyered by G.O. No.
It will be numbered from these dates that the order withdrawing the original reference was made two days after the Tribunal had passed the award.
1 made an application to the Labour Court for deleting their names from Reference No.
785/LC XVIII LA 97 GR /1959 dated October 25, 1960, referred the said dispute to the Labour Court, Gorakhpur, for adjudication.
There were similar disputes regarding the retirement of several other workmen and accordingly that dispute was referred by the State Government to the same Labour Court for adjudication by Notification No.
The Judgment of the Court was delivered by VAIDIALINGAM, J. The short question that raises for companysideration in this appeal, by special leave, is whether the State Government has power under section 6G of the U.P. Industrial Disputes Act, 1947 hereinafter to be referred to as the Act to withdraw an order already passed referring a dispute for adjudication.
167 LG XVIII LA 97 GR /1959 Dated Kanpur, February 28, 1961 ORDER Whereas an industrial dispute between the employers and the workmen of the companycern known as Shree Sitaram Sugar Co. Ltd., Baitalpur, Distt.
4 and 5.
785 LC XVIILLA 97 GR /1959, dated October 25, 1960.
1, was published in the State Gazette on May 6, 1961.
The appellant retired three workmen, namely, Chhatradheri Lal Chandrika Prasad Srivastava and Bal Karan.
This led to an industrial dispute.
In this award, the Labour Court had decided the dispute on merits.
The facts leading up to the filing of the Writ Petition by the appellant are as follows The appellant, a public limited companypany, carrying on business of manufacture and sale of sugar from sugarcane, employs about a thousand workmen in its factory at Baitalpur.
In this view the Division Bench held that it was number open to the State Government to withdraw the proceedings after the award had been made by the Tribunal and, therefore, the Notification dated February 28, 1961, is of numbereffect.
The State Government by Notification No.
98 of 1960, arising out of Reference No.
1958 of 1968.
The publication of the award was after the State Government had withdrawn its original order making the reference.
The Notification dated October25, 1960, referring the dispute was withdrawn by Notification dated February 28, 1961.
By judgment and order dated August 2, 1966, the learned Judges companyfirmed the order of the single Judge and dismissed the Special Appeal.
It will be numbered that the material dates to be companysidered with regard to Reference No.1 are as follows The dispute was referred for adjudication by Notification dated October 25, 1960.
The Division Bench of the Allahabad High Court has held that the State Government has power under section 6 G to withdraw any proceedings pending before a. Labour Court or Tribunal.
