OMPRAKASH Vs. WORKMEN OF INDRA BHAVAN

JUDGEMENT

(1.) In the petition, under Arts, 226 and 227 of the Constitution, the petitioners pray that this Court may be pleased to quash the award made by respondent 2 in Arbitration Case No. 2 of 1964 on his file for the reasons mentioned in the affidavit filed in support of the petition.

(2.) The petitioners are partners of a firm known as Indra Bhavan. It is a boarding and lodging establishment. For the year 1962-63, there was a dispute between the management and the employees of that establishment as to the quantum of bonus payable to the employees. The management paid the employees two month's wages as bonus. But the employees were not satisfied with that payment. Thereafter, the management and the workmen entered into an agreement on 13 November, 1963, agreeing to refer that dispute, under S. 10A of the Industrial Disputes Act to be hereinafter referred to as the "Act" to the presiding officer of the labour court, Bangalore, for decision. In that agreement, they agreed to abide by the decision of the arbitrator. The arbitrator made his award on 27 November, 1964. Under that award, he directed the management to pay an additional bonus to its workmen equivalent to two months' wages. The award in question was published in the Mysore Gazette on 13 May, 1965. Aggrieved by that award, the petitioners have come up to this Court challenging its validity.

(3.) From the arguments advanced on behalf of the management, the question that falls for decision is whether the impugned award suffers from errors of law apparent on the face of the record.