M AMOHAMAD BASHA TANNERY Vs. THEIR WORKMEN

JUDGEMENT

(1.) The petitioner is the proprietor of a tannery. The petitioner has, Under Art. 226 of the Constitution of India, sought relief in this Court to quash the order of the labour court (respondent 2) made on 17 October 1963 in Reference No. 46 of 1963 on its file and to issue a writ in the nature of Prohibition to respondent 2 from proceeding any farther with the said reference until the question, whether the petitioner establishment is of seasonal character, is decided by the State Government (respondent 3).

(2.) The State Government (respondent 3) referred the following question for decision of respondent 2 under S. 10(1)(c) of the Industrial Disputes Act, 1947, hereinafter called "the Act" :

(3.) That order of reference was made on 18 July 1963, and the petitioner was notified by respondent 2 on 30 July 1963. The workmen filed their claim statement before the labour court after service of copy thereof on the petitioner on 9 August 1963. The Petitioner filed his written statement to the claim statement on 25 September 1963 and the labour court posted the case for enquiry on 14 October 1963. It may be mentioned that the only contention of the petitioner before respondent 2 was that the number of workmen employed in his industrial establishment was less than fifty and, as such, the provisions of S. 25C of the Act are inapplicable. When the matter came up for enquiry on 14 October 1963 before respondent 2, the petitioner made an application on that date raising a contention that his establishment is of a seasonal character coming within the scope of S. 25A(2) of the Act and the labour court had no jurisdiction to deal with the reference and, as such, the reference may be rejected. That application was heard by the labour court and the impugned order was passed on the view that no provision of law, under which the Court could stay the further proceedings until the determination of the question by respondent 3, was brought to its notice. Aggrieved by the said order, the petitioner has filed the above writ petition.