COIMBATORE DISTRICT PODU THOZILLAR SAMGAM P F PRESENTED Vs. BALASUBRAMANIA FOUNDRY:BALASUBRAMANTA FOUNDRY

JUDGEMENT

(1.) There were disputes between the partners of the firm Balasubramania Foundry (hereinafter called 'the firm') and several legal proceedings were taken in the courts of Coimbatore, these ultimately came to this Court. This Court by an order dated 2nd November; 1982 referred the disputes to the Arbitrator. The order stated that the disputes were referred to the sole Arbitrator, Justice K. S. Palaniaswamy failing him Justice C. J. R. Paul and the respective parties including the firm were directed to file their joint memos in all the courts where the suits/proceedings were pending before the Arbitrator. The Arbitrator was directed to proceed in accordance with the Arbitration Act. In order to complete the narration, there was an application for appointment of Receiver which was directed to be proceeded with in the trial court. This Court, however, by the said order directed the trial court to dispose of that application.

(2.) By the said order as mentioned hereinbefore in the absence of Justice K. S. Palaniaswamy, Justice C.J.R. Paul duly heard and considered the matter and published the award on 3rd April, 1985.

(3.) It is claimed by Mr. Ghosh, appearing on behalf of respondent No. 1 as well as Mr. Venugopal, appearing on behalf of other respondents supporting that the said award be made a rule of the court and the judgment in terms of the said award be passed. It may be mentioned that the Coimbatore District Podu Thozillar Munnetra Samgam represented by its Secretary being a union of the workers filed writ petitions in this Court being writ petitions Nos. 11361-62, of 1983. Later on another special leave petition being special leave petition No. 2271 of 1983 was filed by the firm against the order of the High Court confirming the order of appointment of Receiver of the firm. In those proceedings the Court was pleased to pass an order on 17th February, 1984 that all the claims of the workers for their past dues would be referred for arbitration to the Arbitrator and considered by him. On 27th July, 1984 this Court was pleased to refer the money claims of one Velmurugan Factory and the money Claims of the workers who were members of the Coimbatore District Engineering and General Workers Union to the Arbitrator for adjudicating by arbitration.