- (1.) A reference was made to the Industrial tribunal under Section 10 of the Industrial disputes Act (for short the "act") on the following question: "(I) Are the 64 workmen as detailed in the annexure appended to this Government order working in the Manipal Power Press, manipal represented by the Manipal Printers and Publishers Employees Association, udupi justified in demanding that they should also be considered as employees (Newspaper employees) of the Manipal Publishers and printers (Private) Limited, Manipal from the date of their appointments with all consequential benefits arising out of various wage Board recommendations and Awards for Journalists; (2) If not, to what other relief these employees are entitled to. "
(2.) A complaint was made under Section 33-A of the Act stating that during pendency of that industrial dispute referred under Section 10 their conditions of service have been altered by transferring from the composing section and job work section to the binding section and changing from night shift to day shift with a view to deprive the workmen of all the benefits of the Bachawat Award.
(3.) The Tribunal examined the matter and set aside the order of transfer made by the appellant and directed to post the said workmen back to the composing section. Aggrieved by that award a writ petition was preferred before the High Court unsuccessfully. Contention has been raised by the appellant that it had not been made a party to the industrial dispute that had been referred to the Tribunal.;