EMPLOYERS OF THUNGABHADRA INDUSTRIES LIMITED Vs. WORKMEN

JUDGEMENT

(1.) 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. 31 of 1970.

(2.) By order dated July 25 1968, the State Government referrer to the Industrial Tribunal. Andhra Pradesh, Hyderabad, for adjudication of certain disputes. The appellant raised a preliminary objection that in respect of the items covered by the present reference, there was a previous award in I. D. No. 20 of 1957 passed by the Tribunal on September 26, 1968. As the said award had not been terminated, the present reference by the State Government on July 25, 1968, was incompetent. The workmen, on the other hand, contended before the Tribunal that the previous award had been terminated according to law and, therefore, there was no bar to the State Government making the present reference. The Industrial Tribunal by its award dated October 31, 1969 upheld the objection of the company and held that the award in I. D. No. 20 of 1957 had not been terminated. In consequence, the Tribunal held that the reference was incompetent.

(3.) The workmen challenged the award in Writ Petition No. 4186 of 1969 before the Andhra Pradesh High Court. 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. 20 of 1957 had not been terminated and hence the present reference by the State Government was incompetent. On appeal by the workmen, the Division Bench in Writ Appeal No. 31 of 1970, however, took a contrary view and held that the previous award had been terminated. In this view, the learned Judges held that the present reference was competent and directed the Industrial Tribunal to dispose of the reference on merits.