KUMAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This is an appeal against the judgment of a learned Single Judge allowing the writ petition filed by respondents Nos. 2 to 53 and quashing the order of the State Government dated February 11, 1971, cancelling the publication of an award.

(2.) By a notification dated June 3, 1967, the State Government referred the following matter of dispute for adjudication to the Labour Court (II), Lucknow:

(3.) It appears that some objection was raised by the appellant that the persons named in the reference were not its workmen. It further appears that another employer Saidullah filed a representation before the Labour Court that some or all of the persons named in the reference were his workmen. The Labour Court ignored this representation and gave an award on December 20, 1969. The award was received by the State Government and on 28/31-1-1970 the State Government remitted the award to the Labour Court for reconsideration. Apparently the award was remitted for considering the representation of Saidullah. The Labour Court, however, sent back the same award to the State Government which was received by it on June 9, 1970. The award was then published in the U. P. Gazette on August 8, 1970. Thereafter, by a notification dated Febraury 11, 1971, purporting to exercise powers conferred by Section 21 of the U. P. General Clauses Act, the State Government cancelled the publication of the award in the Gazette of August 8, 1970. Respondents Nos. 2 to 53, thereupon, filed a writ petition in this Court challenging the order of February 11, 1975, on the ground that it was ultra vires the State Government and also on the ground that the action was mala fide. The learned Single Judge allowed the writ petition mainly on the ground that the State Government had no power to rescind the publication of the award. Against the judgment of the learned Single Judge, the employer has filed this appeal.