KAYS CONSTRUCTION COMPANY PRIVATE LTD Vs. REGIONAL CONCILIATION OFFICER-CUM-ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) This is a petition by a private limited company under Article 226 of the Constitution asking for the issue of a writ of certiorari to quash orders passed by the Uttar Pradesh State Government la the year 1959certifying certain amounts to be due from the petitioning company to various workmen under the terms of an award given by the Allahabad Industrial Tribunal (Sugar) on 31 January 1958. In addition, a writ of mandamus is prayed for to compel the authorities to release the petitioner's property from the attachment that was made in pursuance of the aforesaid certifying orders.

(2.) The relevant portion of the industrial tribunal's award in the dispute between the parties runs as follows : As a result of my findings above. I hold that the management of Kays Construction Company (Private), Ltd. Allahabad, ale required to reinstate the old workmen given in the annexure of Kaye Construction Company, Allahabad. They will be restored in their old or equivalent jobs and given continuity of service. In view of the somewhat peculiar features of this case and in the largest interest of the industry, I would however order that the workmen be paid only 50 per cent of their back-wages for the period they were forcibly kept out of employment. A number of workmen preferred claims on the basis of this award; and on 21 July 1958, purporting to act under Section 6H(1) of the Uttar Pradesh Industrial Disputes Act, 1947, the Labour Commissioner, Uttar Pradesh, issued a certificate declaring that an amount of Rs. 1,06,588-6-6 was due to the workmen thereunder. In pursuance of this order certain properties of the petitioner were attached by the Collector of Allahabad in October 1958. On 23 November 1958 written objections were forwarded to the State Government by the petitioner against this action and it appears that in consequence of these objections the Government ordered the Regional Conciliation Officer of Allahabad to verify the claims of the various workmen afresh. The result of these proceedings was that on 9 September 1959 a modified certificate under Section 6H(1), Uttar Pradesh Industrial Disputes Act, was issued by the Labour Commissioner, Uttar Pradesh, declaring that a sum of Rs. 50,654-9-6 only should be realized at present, orders regarding the remainder of the claims being reserved pending further reverification. At this stage the petitioner came to this Court and filed the present petition on 12 November 1959.

(3.) The principal argument advanced by learned Counsel for the petitioner is that in the industrial tribunal's award of 31 January 1958 there was no fixed or determinate amount of money declared due to the workmen concerned and that consequently the provisions of Section 6H(1) of the Uttar Pradesh Industrial Disputes Act would not be applicable and no certificate could be issued by the Government under Clause (1) at that stage. It is contended that the proper course for the State Government to adopt in the circumstances was to refer the matter to the labour court under Clause (2) of Section 6H be that the amount to which the various workmen were entitled might first be determined, before action was taken under Clause (1).