Gajendragadkar, J. - (1.) On April 30,1959 the Madras Government referred to the Industrial Tribunal Madras, for its adjudication two industrial issues which had arisen between the appellants. The Management of Express Newspapers Ltd. and the respondents its workmen. These two items of dispute were thus specified in the order of Reference: 1. Whether the transfer of the publication of Andhra Prabha and Andhra Prabha Illustrated Weekly to Andhra Prabha Private Ltd. in Vijayawada is justified and to what relief the workers and the working journalists are entitled 2. Whether the strike of the workers and working journalists from 27th April, 1959 and the consequent lockout by the management of the Express Newspapers Private Ltd. are justified and to what relief the workers and the working journalists are entitled This reference was made under S. 10(1)(d) of the Industrial Disputes Act, 1947, (XIV of 1947) (hereinafter called the Act.)
(2.) On the same day, the Government of Madras issued another Order under S. 10 (3) of the Act prohibiting the continuance of the strike and the lockout in the appellant concern. This Order was issued because the Government was of the opinion that it was expedient and necessary to prohibit the continuance of the said strike and lockout.
(3.) Against the latter Order, the appellant filed a writ petition in the Madras High Court (No.443 of 1959) on May 1,1959, whereas on May 5, 1959, it filed a Writ Petition No. 450 of 1959 against the Order by which the dispute in question was referred to the Industrial Tribunal for its adjudication. Both the writ petitions were heard together by Balakrishna Ayyar, J. He held that the Government Order issued under S.10(3) of the Act was an administrative order, and it was doubtful whether it would be open to the Court to quash the said Order as it stood. Even so, the learned Judge held that the Government had no jurisdiction to make the said Order and that the appellant was entitled to ignore it. In the opinion of the learned Judge, the ends of justice would be met if this clarification was made and so, that is the only order which he passed on Writ Petition No. 443 of 1959.;