SUPERINTENDENT NELLIKAI ESTATE Vs. THEIR WORKMEN

JUDGEMENT

(1.) This is an application by the Superintendent of the Nellikkai Estate, Vandiperiyar, under Art.226 of the Constitution, for quashing the award in Industrial Dispute No. 88/1957 of the Industrial Tribunal, Ernakulam and published in the Kerala Gazette dated 28th April 1959. The first respondent is the workman of the Nellikkai Estate, Vandiperiyar, represented by the President Peermade Taluk Estate Labour Union, Vandiperiyar; the second respondent is the Industrial Tribunal, Ernakulam, and the third respondent herein is the State of Kerala. The Government notification, including the award is marked as Ext. P1 in these proceedings.

(2.) The issue that was referred for adjudication of the Tribunal by the State Government was:

(3.) The circumstances under which the said issue was referred for adjudication, as disclosed by the affidavit filed in support of this application are briefly as follows: On 17-7-56, one of the workers, Bhaskaranathan, went to field No. 13 of the Estate for work, half an hour late, and the Plucking writer informed the worker that no work could be given to him, as he has come late The worker concerned vulgarity abused his official superior, the Plucking writer and then the other 4 workers Rajendran, Thangavelu, Rajiah and Shanmugham involved in this inquiry, joined him and all of them incited the other workers working in the field to leave off their work. Accordingly, 33 out of 39 workmen left the field, without the permission of the Plucking writer.