HARBANSWALA TEA ESTATE Vs. SRIVASTAVA J N

JUDGEMENT

(1.) This is a special appeal under the rules of Court challenging the decision of a learned single Judge on a writ petition.

(2.) The writ petition was filed for quashing the award of an arbitrator under the Uttar Pradesh Industrial Disputes Act, It appears that there was a dispute between the petitioner and its six workmen, who are respondents 2 to 7 in the special appeal. The workmen appear to have been penalized by certain orders of the petitioner. The petitioner and its workmen entered into an agreement for arbitration of the dispute by the regional conciliation officer. The agreement was drawn up in a form prescribed under the provisions of the Uttar Pradesh Industrial Disputes Act. There was a column in this form headed "Name of the union, if any, representing workmen in question. "Against this column the word "none" was entered.

(3.) In due course the parties appeared before the arbitrator and an award was pronounced. During the course of proceedings before the arbitrator the six workmen came to be represented by a union. The petitioner raised an objection before the arbitrator that the representation of the workmen by the union was contrary to the terms of reference, The arbitrator overruled the objection on the ground that under Rule 40 of the rules under the Act such a representation was permissible. In due course the arbitrator gave his award. After the application of the petitioner raising the objection regarding representation of the workmen by the union was rejected, the petitioner did not withdraw from arbitration proceedings and allowed the proceedings to go on and result in an award.