PRINTERS MYSORE PRIVATE LTD Vs. POTHAN JOSEPH

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution, the petitioner, namely, the Printers (Mysore) (Private), Ltd., a limited company, has prayed for quashing the order passed by the labour court, Bangalore, on 31 August, 1960. Two different grounds are advanced in support of the petitioner's prayer. Firstly, it is contended that the impugned order is vitiated, as the presiding officer did not conform to the principles of natural justice. It is nextly urged that the order in question is an invalid order as it was made on a reference which was not subsisting on the date the same was passed, i.e., on 31 August 1960.

(2.) The facts material for the purpose of pronouncing on the contentions advanced before this Court are as follows : On 1 April, 1948 the petitioner appointed Mr. Pothan Joseph, respondent 1, as the editor of Deccan Herald, a paper run by the petitioner. On 1 April, 1948 the petitioner and the respondent 1 entered into a written agreement. As per the terms of the agreement, the contract was to last for a period of five years. That agreement was renewed on 20 February, 1953, but to be effective from 1 March, 1953, for a further period of five years. Respondent 1's services were terminated on 17 March, 1958. In that connexion respondent 1 raised some disputes. Sometime thereafter, at his instance, respondent 2 moved the State Government for referring the dispute between respondent 1 and the petitioner to the labour court under S. 10 of the Industrial Disputes Act. The dispute was ultimately referred to the labour court. Before the labour court, one of the contentions raised on behalf of the petitioner is that the reference made by the Government is not a valid reference. That contention came to be considered as a preliminary issue. The preliminary issue framed is :

(3.) Arguments was heard on that issue on 18 March 1960. But the Court reserved its order.