Mudholkar, J. - (1.) his is an appeal by a certificate from the summary dismissal by the Bombay High Court of a writ petition under Arts. 226 and 227 of the Constitution. The relevant facts are these:
(2.) Rai Sahab Ramdayal Ghasiram Oil Mills (hereinafter referred to as the Mills) were closed on September 1, 1952 on the ground that they had sustained heavy losses. The closure was found to be bona fide and the workmen were awarded retrenchment benefit. The Mills, however, reopened on November 14, 1954, though their operations were carried on a reduced scale for avoiding further losses. Some of the retrenched workmen were re-employed by the Mills but evidently at lower wages than before. It was said on behalf of the Mills that all the former workmen could not be absorbed but it would appear that they had in fact employed some new hands as well. An industrial dispute having been raised by the respondent-union because of the non-absorption of 11 workmen, the State Government constituted an Industrial Tribunal consisting of Mr. Kurian, under S. 7 of the Industrial Dispute Act, as it stood on that date, on May 13, 1955 and referred the following dispute to him: "Whether the retrenched workmen referred to in the Annexures A, B and C of the Award of the Industrial Tribunal, in the Industrial dispute between the workmen and employers of Rai Sahib Ramdayal Ghasiram Rice, Ginning and Oil Mills, Peddapally dated 1st January 1953 are entitled for reinstatement and compensation for unemployment after reopening of the said Mills."
(3.) It may be mentioned that shortly after the Tribunal was constituted and reference made to it, Mr. Kurian retired in consequence of which the Government of Hyderabad made the following notification on June 2, 1955: "In exercise of the powers conferred by sub-sec. (1) of S. 7 of the Industrial Dispute Act, 1947 (XIV of 1947) and in supersession of the Labour Department Notification No. B 189 54/134 dated 15-10-1954 the Rajapramukh here by constitutes an Industrial Tribunal consisting of Shri Bhikaji Patil as its sole member for the adjudication of industrial disputes in accordance with the provisions of the said Act, with immediate effect." ;