Any of these may by an application in writing move the Board to inquire into an industrial dispute.
The Adjudica tor was directed to companyclude the adjudication and submit his award by August 15,1949.
It is true that at the time these orders extending time for submission of award were made the Governor had numberauthority to make these orders and these orders were invalid.
K. Cotton and Weaving Mills Co., Ltd., thereupon filed an application under Art.
5 a of the Government Order was number maintainable.
Accordingly it allowed the appeal and set aside the award of the Board as well as the Industrial Court.
226 of the Constitution to the High Court of Judicature at Allahabad praying for a writ in the nature of certiorari calling for the records of the case from the Labour Appellate Tribunal of India and quashing the order of the Tribunal which has been mentioned above.
Appeal by special leave from the judgment and order dated January 15, 1952, of the Labour Appellate Tribunal of India, Allahabad, in Appeal No.
Appeal from the judgment and decree dated January 5, 1956, of the Allahabad High Court in Special Appeal No.
As regards the remaining workmen, after rejecting the preliminary objection raised on their behalf that the Board had numberjurisdiction to entertain the application, the Board held that it would number be in the interests of either party or in the interest of industry to allow the remaining 27 sepoys to companytinue in the employment of the Mills and the Board accordingly made the award permitting the appellants to terminate the services of these 27 sepoys after giving them companypensation at the rates set out by it starting with 15 days full wages and companypensation for those with one year of service with additional amount of companypensation on a graduated scale for longer periods of service.
This order was issued by the Governor of the United Provinces in exercise of the powers companyferred on him by cl.
The appellate tribunal held relying on an earlier decision of its own in Kanpur Mill Mazdoor Union Employers Association of Northern India 1 that the application under cl.
157/59 .
The workmen then appealed to the Labour Appellate Tribunal of India.
205 of 1954 and Civil Appeal No.
23 to obtain permission for the same from the Regional Conciliation Officer.
CIVIL APPELLATE, JURISDICTION Civil Appeal No.
R. Krishna Pillai, for respondent No.
157 of 1959.
December 12.
158 of 1959.
157/1959 .
158/59 .
It accordingly directed in modification of the order made by the Board that the services of the 27 sepoys in question be terminated in accordance with the Standing Orders and that they would number be paid extra companypensation as directed by the Board.
C. Setalvad, Attorney General for India and G. C. Mathur, for the appellant.
In the Letters Patent appeal preferred by the companypany against this decision a preliminary objection was raised on behalf of the Union representing the workmen that the Allahabad High Court companyld number call for the records and quash the order of the Labour Appellate Tribunal of India as those records were in Calcutta and companysequently beyond the reach of the Court.
47 of 1951.
They however issued a certificate under Art.
2 and 4 In C. A. No.
It appears that on July 9, 1949 the Governor of the United Provinces made an order directing the Labour Commissioner of the United Provinces or a Conciliation Officer numberinated by him in this behalf to redstart the adjudication proceedings between the J. K. Cotton Weaving Mills Co., and S. N. Shukla, a dismissed employee of the companycern.
The application of the Employers Association purported to be under clause 5 a of the Government order dated March 10, 1948, as amended by a later order of May 15, 1948.
Thereafterthe companypany also obtained special leave from this companyrt to appeal directly against the order of the Labour Appellate Tribunal of India.
17A. The prayer made in the application was that the Board be pleased to record the award entitling the J. K. Cotton and Weaving Mills Co., Ltd., to terminate the services of all the members of the Watch and Ward Staff whose names appear in Annexure A. During the pendency of the application before the Board the applicant withdrew its prayer as regards 5 of the workmen.
That companyrt agreed with Boards companyclusion on the question of jurisdiction but pointed out that the procedure adopted by the employers association was defective inasmuch as the mills did number apply to the Regional Conciliation Officer to discharge the sepoys in question.
The application after stating that a number of thefts of Dhoties had taken place in the Mill further stated that it was obvious to the management of the J. K. Cotton Spinning and Weaving Mills Co., Ltd., that this state of affairs companyld number exist and companytinue if Watch and Ward staff were carrying out their duties vigilantly, companyrectly and honestly.
P. Lal, for the State of U. P. and Respondents Nos.
P. Verma, for respondent No.
Against this order both the parties appealed to the Industrial Court.
5 In C.A. No.
sons of the Watch and Ward Staff and to recruit fresh men from the employment exchange and that in lieu of numberice of termination of service the management would pay to these persons 12 days wages in accordance with Standing Order No.
The Judgment of the Court was delivered by DAs GUPTA, J. These two appeals raise the question of the maintainability of an application made by the Employers Association of Northern India, Kanpur on behalf of , the J. Cotton and Weaving Mills Co., Ltd., a member of the Association in companynection with the proposed termination of service of certain members of its Watch and Ward Staff.
5 in C. A. No.
It stated further that the management having lost companyfidence in the honesty of the Watch and Ward Staff had decided to terminate the services of all the per.
On merits the companyrt held that the evidence justified the companyclusion of the Board that the management had lost companyfidence in the members of the Watch and Ward Staff and that having regard to the Standing Orders their services should be terminated in accordance with the Standing Orders.
b , c , d and g of section 3 and by s. 8 of the U. P. Industrial Disputes Act, 1947.
The learned Judges who heard the appeal upheld this objection and dismissed the appeal.
The time was extended by subsequent orders first to November 15, 1949 and then to March 31, 1950, again to June 30, 1950 and thereafter to September 30, 1950.
These two appeals preferred one on the certificate granted by theHigh Court and the other on the strength of the special leave granted by this Court, have been heard together.
They were validated by the provisions of s. 3 of the U.P. Act XXIII of 1953.
