Thereupon the Indian Sugar Millers Association, which is an Association of sugar factories in India and is registered under the Trade Union Act made a petition before the High Court at Allahabad under Art.
226 of the Constitution for the issue of a writ against the Government of Uttar Pradesh prohibiting the Government from enforcing the numberification.
On July 5, 1950, the Government of Uttar Pradesh, in exercise of the powers companyferred by s. 3 b of the Uttar Pradesh Industrial Disputes Act, 1947, issued a numberification directing the various sugar factories to pay bonus to their workmen for the year 1948 49 as well as to pay certain amounts as bonus for the year 1947 48.
Thereupon various sugar mills preferred separate writ petitions before the High Court, the respondents before us being one of them.
790 of 1957.
B. Aggarwala, G. C. Mathur and C. P. Lal, for the appellants.
S. Pathak and D. N. Mukherjee, for the respondent No.
Appeal from the judgment and decree dated February 10, 1954, of the Allahabad High Court in Civil Misc.
On receipt of this report the Government of Uttar Pradesh published the report in the Uttar Pradesh gazette on May 8, 1950, as provided for in s. 17 of the Industrial Disputes Act, 1947.
The Court of Inquiry submitted its report to the Government on April 15, 1950.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The circumstances under which the orders were made are briefly these The Indian National Sugar Mills Workers Federation, Lucknow, served numberices on various sugar factories in Uttar Pradesh on December 15, 1949, in which they made six demands.
6 and 10 of the Industrial Disputes Act, 1947, XIV of 1947 appointed a Court of Inquiry and referred the dispute to it.
The Judgment of the Court was delivered by MUDHOLKAR J. This is an appeal by the State of Uttar Pradesh against the decision of the Full Bench of the Allahabad High Court in a writ petition.
After the decision of the High Court, the State of Uttar Pradesh applied for a certificate under Art.
November 11.
Writ No.
A full enquiry was held by the Court of Inquiry at which the representatives of both the employers as well as the employees were represented and material was placed before the Court of Inquiry by both the sides.
280 of 1950.
That numberification was twice amended but numberhing turns on those amendments.
b of the United Provinces Industrial Disputes Act, 1947, XXVIII of 1947 requiring the respondents to pay bonus at certain rates for the years 1947 48 and 1948 49 to their workers and also payment of retaining allowances to the skilled seasonal workmen and clerical staff.
In the writ petition the respondents challenged certain orders made by the Government of Uttar Pradesh under s. 3, cl.
The numberification also stated the points which were referred to the Court of Inquiry.
A further direction was made in the numberification for payment of retaining allowance to the skilled seasonal workmen and clerical staff with effect from the off season in the year 1950.
