ENGINEERING STAFF UNION Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS is a petition under art. 226 of the Constitution whereby the petitioners have prayed for a writ of mandamus ordering modification of an order of reference dated January 29, 1958, made under s. 10(1)(d) of the Industrial Disputes Act, so as to substitute the words "1st January 1954" and "1st February 1956" at appropriate positions in place of the words "1st February 1957" contained in that order of reference. The relief claimed as in prayer (b) is not pressed before me. The short relevant facts as appearing in the petition are that in the 1st week of February 1957, petitioners No. 1 (who are a registered Union) as representing the employees of respondent No. 2 put forward a demand for increase of dearness allowance with retrospective effect as from January 1, 1954. As there was no settlement between the parties, the matter was taken before the Conciliation Officer in conciliation proceedings. The Conciliation Officer made a report under s. 12(4) of the Industrial Disputes Act and petitioner No. 1 thereafter requested the Government to make a reference of the dispute for adjudication by "Industrial Tribunal".

(2.) THE Government made the reference order in question before me dated January 29, 1958, under the provisions of s. 10 of the Act. The Government by its letter dated January 29, 1958, informed petitioner No. 1 inter alia as follows:

(3.) THE demand put forward and/or industrial dispute was as follows: - -