(1.) This application by the petitioner, National Coal Co. Ltd., P. S. Katrasgarh District Manbhum, is for issue of an appropriate writ under Article 226 of the Constitution of India with regard to an award given by the Industrial Tribunal under Section 33A, Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act).
(2.) An industrial dispute with regard to the payment of full pay and allowance to the workmen for the holidays on the 15th of August, 1950, the 26th January, & the 15th of August, 1951 and the 26th of January, 1952, and for the holidays on the 'Independence Day' and the "Republic day" in future existed or was apprehended between the employers of 1078 collieries and their workmen. The Central Government, therefore, by Notification No. S. R. O. 810 and Order No. L. R. 2(365) dated 5-5-1952, referred it, in exercise of the powers conferred by Section 10 of the Act, for adjudication to the Central Government Industrial Tribunal at Dhan-bad of which Sri L. P. Dave, opposite party 1, was the sole member and chairman, and it was registered as Reference No. 6 of 1952. The list of these 1078 collieries was given in Schedule 1 of the Notification. On 26-9-1953, the Industrial Tribunal gave its award which in pursuance of Section 17 of the Act, was published by Notification No. S. R. O. 1896 dated 6-10-1953. The collieries owners filed an appeal against the said award to the Labour Appellate Tribunal on 6-11-1953. In August, 1953, while the matter was pending before the Industrial Tribunal, opposite party 2 to 83 made an application before it for an award under Section 33A of the Act on the allegation, as appears from the copy of the complaint petition produced before us on their behalf, that the petitioner has contravened the provisions of Section 33 of the said Act inasmuch as it has altered the conditions of their services to their prejudice and punished them in various ways without express permission of the Tribunal. It was alleged that majority of the workmen were not allowed to work on 13-6-1953 and all of them were refused work and wages since 15-6-1953, without any notice, and that wages to some and bonus to all were not paid for a certain period. This application was numbered as Appln. No. 228 of 1953, and notice of it was served on the petitioner who appeared and contested the proceeding, inter alia on the ground that it did not contravene the provisions of Section 33 of the Act and, as such, Section 33A had no application. This contention was overruled by the Industrial Tribunal and it gave its award on 12-1-1954, which was published by notification No. S.R.O. 364 dated 23-1-1954. According to that award, the petitioner was held to have caused a lock-out from 13th, 15th, and 16th June, 1953, respectively in case of different workers and was directed to reinstate those workmen who had not already been taken in and to pay certain sums of money to those who were found to have been refused work on and from the dates mentioned above. Against this award the petitioner has filed an appeal before the Labour Appellate Tribunal and has obtained therefrom an order for stay of the implementation of the award on certain conditions. The petitioner has also come up to this Court, for a writ in the nature of certiorari to quash the said award.
(3.) It may be mentioned here that the order of reference to the Industrial Tribunal dated 5-5-1952, the award in Reference No. 6 of 1952, dated 26-9-1953, and the award under question made under Section 33A of the Act are enclosed with the counter affidavit sworn by the Under-Secretary to the Government of India, Ministry of Labour, as annexure A, B and C respectively.