AULIA BIDI FACTORY Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution the petitioners, who carry on the business of manufacturing bidis at Burhanpur, pray for the issue of a writ of certiorari for quashing an award made by the Industrial tribunal, Indore, on 2nd May 1964 deciding some of the objections raised by the petitioners in an "industrial dispute" referred to the Tribunal for adjudication by the Government by an order dated 20th July 1963 made under Section 10 (1) of the Industrial Disputes Act. 1947.

(2.) THE order which the Government passed on 20th July 1963 under Section 10 (1)of the Act is in the following terms:

(3.) THE petitioners raised certain preliminary objections questioning the validity of the reference and the jurisdiction of the Tribunal to entertain and proceed with the reference. Their first objection was that according to the order of reference dated 20th July 1963 an industrial dispute existed between the Rashtriya Bidi Mazdoor sangh, Burhanpur, and the Bidi Manufacturers Assocation, Burhanpur, but that the latter Association was not an "employer" within the definition of the term given in section 2 (g) of the Act and, therefore, the reference was bad and illegal. They also raised the objection that the second question referred for adjudication by the order dated 20th July 1963 was already the subject-matter of an award pronounced on 30th May 1963 and, therefore, a second reference on that subject-matter was barred by the principle of res judicata; and that the Tribunal had no jurisdiction to determine where there was any failure on the part of the bidi manufacturers to pay to persons engaged in rolling bidis at the rate of Rs. 2 per thousand in accordance with the earlier award dated 30th May 1963. The Tribunal has held that the reference made by the Government by its order dated 20th July 1963 is legal and maintainable. It postponed decision on other preliminary points till after the recording of evidence. The Tribunal observed that those preliminary objections would be decided along with other issues. On the legality of the reference the Tribunal observed that "though ostensibly it might appear that the reference is against the Bidi manufacturers' Association, Burhanpur, in substance and in essence, it is against the members of the said Association and the Association simply represents them as required by Section 36 (2) of the Act. Such being the position, the objection raised is liable to be rejected. "