SAYANI TALKIES Vs. RADHA

JUDGEMENT

(1.) THE petitioner is in management of a cinema house. The respondent was an office boy in that theatre. One day in 1969 the Management dispensed with his services. He raised an industrial dispute about it. But, this dispute was not fought to a finish in industrial adjudication. Instead, even during conciliation proceedings, the parties agreed to refer the matter to arbitration. They called it a "formal arbitration". The Labour Commissioner or his nominee was to be the arbitrator and he was to go into the non-employment of the employee and also the question of consequential reliefs, if any. Following this agreement, the Dy. Commissioner of Labour who was duly nominated as the arbitrator, entered into the arbitration and gave his decision. Under his award, the management were directed to reinstate the employee and also to pay half his back wages.

(2.) TWELVE years have passed since then. The award still remains on paper. The parties are all the while engaged in an interminable procedural wrangle as to what kind of award it is, whether it should be enforced under the exclusive provisions of the Industrial Disputes Act or whether it may be dealt with under the general provision of the Arbitration Act.

(3.) IN this revision the controversy is still at large. The revision is brought by the Management form an order of the City Civil Court, Madras, in which a decree in terms of the award has been passed.