Decided on May 03,1957



- (1.) THE Governor of the Punjab issues a notification on 9-1-1956 and another one on 11-1-56 under Section 10, Industrial Disputes Act, 1947, read with Section 21, general Clauses Act. 1897, whereby the previous notifications under Section 10 were amended so as to exclude the disputes between the Oriental Carpet manufacturers (India) Limited, Amritsar, and its workmen and between the amritsar Rayon and Silk Mills limited, Amritsar, and its workmen from the purview of the Industrial Tribunal to which the disputes between all the textile and all other allied industries of Amritsar and their workmen had been previously referred for adjudication. The Textile Workers Union (Registered) Amritsar has filed these two separate writ petitions (Nos. 197 and 196 of 1956) to challenge the validity of these notifications On the ground that once 'the Government has referred a dispute for adjudication by the Industrial Tribunal un-der Section 10 (1) (c) of the act it is noropen to it to withdraw that dispute. These petitions are contested by the Punjab State and also by the industries concerned.
(2.) THERE is a fairly long history which has culminated in these notifications in dispute- By notification dated 6-6-1952, six disputes between the Textile Workers union (Registered), Amritsar, and the Textile Manufacturers Association (Registered), Amritsar, were fererred under Section 10 (1) (c) of the Act for adjudication bv the industrial Tribunal. By notification dated 21-6-1952, the same six disputes between the same Union and the Textile Mills and Factories in amritsar and Chheharta were referred for adjudication by the same Tribunal. By notification dated 9-94952, the same disputes between the same Union and the textile Mills and Factories, represented by the Textile Manufacturers Association, amritsar, and other allied textile Associations were referred for adjudication. The governor then by notification dated 11-10-1952, amended the notification of 316-1952, by making the dis-putes to be between the industries and the workers union as well as their respective workers. By notification dated 4-12-1954, the governor rescinded the notification dated 21-6-1952, as amended by notifications dated 9-9-1952, and 11-10-1952. The result was that only the notification dat-ed 6-6-1952, remained operative which had referred these very disputes between the Textile Workers Union and the textile, Manufacturers Association, By another notification of the same date (4-121954)the same disputes were referred for adjudication between the textile mills and factories, represented by the Textile Manu-facturers Association and all other allied textile factories etc. of Amritsar and Chheharta and the Textile Workers union. By a subsequent notification of 18-3-1955, the previous notification was amended and item No. J of the disputes which relates to reinstatement of retrenched workers was separated from the five items of dispute. I am informed that this was done to facilitate compromise and settlement between the parties concerned so far as it related to these five items and that in fact many such settlements were successfully made. There was then another notification by which the disputes relating to handloom industry, unregistered textile factories and other unregistered, allied units were excluded from the purview of the industrial Tribunal. This notification was issued on 30-6-1955. The original notification of 7-12-1954, was again amended on 9-1-1956 (by which the disputes between the Oriental Carpet Manufacturers (India) Limited and its workmen were excluded from the reference. Similarly by notification dated 11-1-1956, the disputes between the Amritsar rayon and Silki Mills and its workmen were excluded from tha reference. The present petitions challenge the validity of the amendments dated 9-1-1956, and 11-1-1956, by which the disputes relating to, these two industries and their workmen were withdrawn from adjudication by the Industrial Tri-bunal which was already seized of the same.
(3.) BEFORE discussing the case I may state that by notification dated 5-5-1956, a reference relating to all these textile industries, etc. was) withdrawn with the exception of the disputes relating to seven factories which are mentioned in that notification. I am informed that this was the consequence of the settlement and arrangements between the individual factories and their workmen.;

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