- (1.) Two questions arise in limine in these appeals: 1. Whether an appeal may be entertained in exercise of powers under Art. 136 of the Constitution against a direction of the Conciliation Officer issued in disposing of an application under cl. 29 of the Order promulgated by the Governor of Uttar Pradesh under the U. P. Industrial Disputes Act, 1947; and 2. Whether against the direction issued by the Conciliation Officer exercising authority under cf. 29 of the Order an appeal lay to the Labour Appellate Tribunal under the Industrial Disputes (Appellate Tribunal) Act, 1950.
(2.) It would be necessary to consider the merits of the appeal in the event of an affirmative answer on either of these questions.
(3.) Facts which have a bearing on the preliminary questions are briefly these:- Jaswant Sugar Mills Ltd. hereinafter referred to as 'the company' - owns factories at Meerut in the State of Uttar Pradesh for manufacturing sugar and straw boards. On December 13, 1935, the Company received a notice relating to demands for bonus, leave, retaining allowance etc. from the Action Committee of one of the Labour Unions of the workmen employed in the Sugar Factory. It is the case of the Company that on December 26, 1955 there was a meeting of the workmen and certain employees exhorted the workmen to resort to "direct action" and in pursuance thereof the workmen adopted a "slow-down strike" which resulted in great reduction in the operations of crushing sugurcane, and production of sugar. The company thereupon served charge-sheets upon sixty-three workmen charging them individually and collectively for doing acts calculated to destroy, the machinery of the factory and for deliberately adopting a policy of "go-slow" and refusing to attend work assigned to them as the pointed time.;