ANDHRA HANDLOOM WEAVERS CO OPERATIVE SOCIETY Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1963-7-4
HIGH COURT OF ANDHRA PRADESH
Decided on July 30,1963

ANDHRA HANDLOOM WEAVERS CO-OPERATIVE SOCIETY Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

Gopalakrishnan Nair, J. - (1.) The petitioner who is an employer seeks a writ of Prohibition to restrain the Labour Court, Guntur, from taking proceedings in pursuance of the reference dated 2-12-1961 made by the State Government under Section 10(1)(c) of the Industrial Disputes Act (hereinafter referred as the Act).
(2.) The main ground on which this Writ Petition is rested is that the Government had no jurisdiction to make the impugned order of reference at a time when two valid awards made by the same Labour Court in I. D. No. 33 of 1960 and I. D. No. 23 of 1961 on previous references by the Government under Section 10 (1) (c) of the Act, were in operation. The two prior awards were published by the Government in the official gazette on 12-10-1961. Under Section 19(3) of the Act those awards would remain in operation till 11-11-1962. Even thereafter they would continue to bind the parties unless and until a period of two months has elapsed from the date on which notice is given by one of the affected parties intimating his intention to bring them to an end. This is the provision in Section 19(6). In view of these statutory provisions, the petitioner claims that the impugned reference made by the Government on 2-12-1961, i.e., in less than two months from the date of the publication of the previous awards in the official gazette, is without jurisdiction and in excess of the authority of the Government.
(3.) The respondents resist this petition mainly on the ground that the orders passed by the Labour Court in I. D. No. 33 of 1960 and I. D. No. 23 of 1961, did not constitute awards within the meaning of the Act, and that, therefore, Sections 17 to 19 did not apply to them and consequently there was nothing in the Act to preclude the Government from making the impugned reference under Section 10(1)(c) of the Act.;


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