On March 8, 1968, the Thursday hydra Industries Staff Union submitted a charter of demands to the management to be im mediately companyplied with.
Accordingly the workmen were on strike from April 15, 1968 to April 30, 1968.
In this view, the learned Judges held that the present reference was companypetent and directed the Industrial Tribunal to dispose of the reference on merits.
The learned single Judge, who dealt with the said Writ Petition, by his judgment and order dated December 8, 1969, dismissed the Writ Petition and agreed with the view of the Tribunal that the award in I.D. No.
The workmen, on the other hand,, companytended before the Tribunal that the previous award had been terminated according to law and, therefore, there was numberbar to the State Government making the present reference.
Appeal by certificate from the judgment and order dated September 23, 1970 of the Andhra Pradesh High Court at Hyderabad in Writ Appeal No.
31 of 1970, however, took a companytrary view and held that the, previous award had been terminated.
43 of 1968.
On 6th April, 1968, the union sent to the appellant a companyy of the resolution passed by its general body on April 5, 1968.
20 of 1957 bad number been terminated.
This award was published in the State Gazette on October 30, 1958.
The resolution regretted the inaction of the management in respect of the demands made on March 8, 1968 and also intimated that the workmen will go on an indefinite strike front April 15, 1968.
The union desired the management to companysider the demands and intimate the union regarding the action taken on or before March 30, 1968.
Under the said award, various benefits were given to the staff, apart from fixing basic wages for different categories.
20 of 1957 member 26, 1958 and was published in the State 30, 1958.
20, of 1957 will remain in operation for a from the date when it became enforceable under section 17A. But by virtue of sub section 6 of section 19, though the said one year period may have expired, the award will companytinue to be in force and binding on the parties till a numberice terminating the award is given by any of the parties.
The workmen challenged the award in Writ Petition No.
20 of 1957 had number been terminated and hence the present reference by the State Government was incompetent.
There is numbercontroversy that there was a previous award in I.D. No.
The State Government, after receipt of this report, passed an order on July 25, 1968, referring the dispute for adjudication.
As the said award had number been terminated, the present reference by the State Government on July 25, 1968, was incompetent.
20 of 1967 dated September 26, 1958.
In companysequence, the Tribunal held that the reference was incompetent.
31 of 1970.
The Industrial Tribunal by its award dated October 31, 1969 upheld the objection of the companypany and hold that the award in I.D. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Ramamurthi and J. Ramamurthi, for respondent No.
S. Desai, Naunit Lal and M. N. Shroff, for the appellant.
The Judgment of the Court was delivered by VAIDIALINGAM, J. This appeal on certificate is against the judgment and order dated September 23, 1970, of the Division Bench of the High Court of Andhra Pradesh, in Writ Appeal No.
2271 of 1970.
1 for another section of workman .
The appellant raised a preliminary objection that in respect of the items companyered by the present reference, there was a previous award in I.D. No.
20 of 1957 passed by the Tribunal on September 26, 1958.
the State, Government referred to the Industrial Tribunal Andhra Pradesh, Hyderabad, for adjudication certain disputes.
The Assistant Labour Commissioner, Kurnool, held companyciliation proceedings on April 30, 1968 and an agreement was arrived at.
By order dated July 25, 1968.
P. Singh, for respondent No.
31 of 1970.
This reference was dealt with by the Tribunal in I.D. No.
1 for one section of workmen .
4186 of 1969 before the Andhra Pradesh High Court.
One of the terms of the, agreement was that the general demands of the staff union will be taken up in companyciliation.
The Conciliation Officer made a report on June 24, 1968, to the Government that companyciliation was number possible.
The first and the second demands related to categorization and scales of pay and dearness allowance respectively.
It is this view of the Division Bench that is attacked on behalf of the appellant by its learned companynsel, Mr. V. S. Desai.
