VISHWAMITRA PRESS KARYALAYA KANPUR THE STATE OF UTTAR PRADESH Vs. WORKERS OF VISHWAMITRA PRESS:WORKERS OF VISHWAMITRA PRESS

JUDGEMENT

(1.) This is an appeal by special leave against the decision of the labour Appellate Tribunal, Calcutta, upholding the award made by the State Industrial Tribunal, Uttar Pradesh with certain modifications.

(2.) An industrial dispute arose between the appellant the Vishwamitra Press Karyalay, Kanpur, and the respondents, the workers of the Vishwamitra Press as represented by the Kanpur Samachar Patra Karamchari Union, Kanpur, in regard to the alleged victimisation of certain workmen under the guise of retrenchment. That industrial dispute was referred to the Industrial Tribunal, by a notification dated 24th April 1951. The time for making the award expired on 9th June 1951 and on 9th June 1951 a further notification was issued extending the time for making the award up to 30th June 1951, 30th June 1951 was a public holiday and 1st July was a Sunday. The Industrial Tribunal made its award on 2nd July 1951 and pronounced it in open Court that day. It was, however, thought by the Uttar Pradesh Government that the award was beyond time and invalid and on 18th July 1951 a notification was issued extending the period up to 3rd July 1951. This award was challenged by the appellant before the Labour Appellate Tribunal The Labour Appellate Tribunal negatived the contentions of the appellant. The appellant applied for special leave which was granted by this Court on 21st December1951 limited to the following grounds:

(3.) The industrial dispute which arose between the appellant and the respondents was referred by the Uttar Pradesh Government to the Indus, trial Tribunal in exercise of the power conferred by Ss. 3 and 4, Uttar Pradesh Industrial Disputes Act, 1947. The Uttar Pradesh Government had in exercise of the powers conferred by S. 3 (d) of the Act promulgated an order inter alia providing for the adjudication of the industrial disputes referred by it to the Industrial Tribunals. Paragraph 16 of that order ran as under: