Shah, J. - (1.) This is an appeal with special leave against an award of the Industrial Tribunal, Bombay. By its award the Tribunal rejected the reference holding that it had no jurisdiction to adjudicate upon the dispute submitted to it by the Government of Bombay.
(2.) Salivateeswaran (the third appellant) who claimed to be a full time employee of the first respondent --"The Hindu" Bombay -- Addressed a letter on February 15, 1956, to the Managing Editor of "The Hindu" - a daily newspaper published at Madras-- intimating that he was proceeding to Europe on March 1,1956. On February 16, 1956, the Assistant Editor of "The Hindu" informed Salivateeswaran that even though the latter was not a full time employee of "The Hindu", they could "not allow frequent breaks in the performance of his duties and that they would have to relieve him of his duties as correspondent from March 1, 1956, if he proceeded to Europe as arranged by him. Salivateeswaran having persisted in carrying out his project, by letter dated February 29, 1956, he was informed by the Management that be ceased to be a correspondent of "The Hindu" from March 1, 1956. After returning from his tour of Europe, Salivateeswaran, on July 5, 1956, demanded reinstatement and called upon the management of "The Hindu" to treat the period of his absence out of India as leave. The management of "The Hindu" having declined to accede to that demand Salivateeswaran filed an application under S. 17 of the Bombay Working Journalists (Conditions of Service) and Miscellaneous Provisions Act 45 of 1955, claiming Rs. 1,57,172-8-0 under diverse heads alleging that termination of his employment was wrongful and that it amounted to retrenchment. The management of "The Hindu" denied that Salivateeswaran was their employee and submitted that the Authority under Act 45 of 1955 had no jurisdiction to decide disputed questions of fact. The Authority rejected this contention holding that he was competent to decide disputed questions arising in the case before him. The management of "The Hindu" presented a petition under Art. 32 of the Constitution for a direction quashing the order of the Authority, contending that S. 17 of the Act did not empower the Authority to act as a forum for adjudicating disputed claims. This Court upheld (See Kasturi and Sons (Private) Ltd. vs. Salivateeswaran, (1959) SCR 1 the plea of the Management of "The Hindu", but dismissed the petition holding that no fundamental right of the Management was infringed by the order passed by the Authority. Acting on the view expressed by this Court the Authority declined to proceed with the application, because disputed questions of fact fell to be determined in the petition before him.
(3.) "The Hindu" had an office in Bombay since 1937. At the material time, The Hindu" had besides Salivateeswaran only nine employees seven serving on the administrative side and two journalists -- Venkateswaran and Tiwari Salivateeswaran and Venkateswaran were members of the Bombay Union of Journalists:Tiwari, the other journalist employee, was not a member of the Union. The Bombay Union of Journalists is a Trade Union, the membership of which is open to all persons who depend for their livelihood upon the practice of the profession of journalism, including press photographers, artists, cartoonists and freelance writers. This Union is admittedly not a Union of employees of "The Hindu", Bombay, but it is a Union of all persons who depend for their livelihood upon Journalism in Bombay. By its resolution dated August 16, 1956, the Bombay Union of Journalists supported the claim of Salivateeswaran in the application filed by him under S. 17 of Act 45 of 1955.;