BANARAS ICE FACTORY LTD Vs. U P GOVERNMENT

JUDGEMENT

(1.) THIS is an appeal from an order of Chaturvedi J. dated 28-3-1955, dismissing a petition under article 226 of the Constitution.

(2.) DISPUTES arose between the appellant Company and its workmen in respect of claims by the latter for bonus for the years 1949 and 1951. The dispute with regard to bonus for the year. 1951 was referred by the State Government to an Adjudicator who, by an award made on 23-7-1952, held that a bonus equivalent to two months' pay should be paid to each workman. The dispute with regard to bonus for the year 1949 was referred by the State Government to the state Industrial Tribunal which, on 28-11-1952 made a similar award. The company appealed to the Labour Appellate Tribunal from the award of the Adjudicator but that appeal was dismissed on 29-9-1953. The appellant Company did not make the bonus payments in accordance with the awards, and on 28-10-1953, the State Government, respondent 1, ordered the Collector of banaras, respondent 3, to recover from the appellant Company the amounts awarded as bonus as arrears of land revenue, and in March 1954 the Collector attached certain property belonging to the Company.

(3.) ON 14-4-1954, the appellant Company filed the petition out of which this appeal arises. It challenged the legality of the attachment of its property and sought the issue of a writ of mandamus commanding respondents 1 and 3 to release the appellant's property from attachment. The learned Judge dismissed the petition and the appellant Company now appeals from that part of the learned Judge's order refusing to direct the release from attachment such of the Company's property as was attached as a means of obtaining payment of the sum of Rs. 12,399/- awarded as bonus for the year 1951. The Company does not appeal from the refusal of the learned Judge to direct the other property to be released from attachment.