- (1.) The short question that arises for consideration in this appeal, by special leave, is whether the State Government has power under Section 60 of the U. P. Industrial Disputes Act. 1947 (hereinafter to be referred to as the Act) to withdraw an order already passed referring a dispute for adjudication. The facts reading up to the filing of the writ petition by the appellant are as follows:
(2.) The appellant, a public limited company, carrying on business of manufacture and sale of sugar from sugarcane, employs about a thousand workmen in its factory at Baitalpur. The appellant retired three workmen, namely. Chhatradhari Lal, Chendrika Prasad Srivastava and Bal Karan. This led to an industrial dispute. The State Government by Notification No. 765/ LC/XVIII/LA-97 GP,/1959 dated October 25, 1960, referred the said dispute to the Labour Court Gorakhpur, for adjudication. This reference (hereinafter to be referred to as Reference No. I) was registered by the Labour Court as adjudication Case No. 93 of 1960. The parties filed their written statements and proceedings went on resulting in the Labour Court passing an award dated February 26, 1961, holding that the retirement of the three workmen was neither legal nor justified. This award was published in the U. P. Gazette dated May, 6, l961, by the State Government's Notification dated April, 4, 1961 No. 1176(819) 36/-/46(ST)-58. There were similar disputes regarding the retirement of several such workmen and accordingly that dispute was referred by the State Government to the same Labour Court for adjudication by Notification No. 822(BC)XVIII-LA-115(CR) 1959 dated October 31, 1960. This reference (hereinafter to be referred to as Reference No. II) was registered by the Labour Court as Adjudication Case No. 98 of 1960. At this stage it must be mentioned that Reference No. II related to several workmen numbering about thirty or forty which included also the three workmen covered by Reference No. I. The three. workmen covered by Reference No. made an application to the Labour Court for deleting their names from Reference No. II on the ground that, their grievance is the subject of adjudication in Case No. 93 of 1960. Though the appellant opposed this application, the Labour Court in its order dated February 21, 1961, accepted the prayer of the three workmen and. as such they ceased to have anything to do further in Reference No. II. Adjudication Case No. 98 of 1960, arising out of Preference No. II, also resulted in an award being passed by the Labour Court on February 27, 1961. In this award, the Labour Court has decided the dispute on merits. But it has specifically stated that it is not recording any finding with regard to the three workmen covered by Reference No. I as their names have been excluded from adjudication Case No. 98 of 1960, arising out of Reference No. II. This award dated February 27, 1961, was published in the State Gazette on April 4, l961.
(3.) We have earlier mentioned that the award dated February 26, 1961, in Adjudication Case No. 93 of 1960, arising out of Reference No. I, was published in the State Gazette on May 6, 1961. After the award was made on February 26, 1961, the State Government issued a Notification on February 28, 1961, withdrawing the Notification dated October 25, 1960, making Reference No. I. The order of withdrawal runs as follows: "GOVERNMENT OF UTTAR PRADESH LAB OUR (A) DEPARMENT No. 167(LG)/XVIII-LA-97 (GR/1959 Dated Kanpur, February 28, 1961. ORDER Whereas an industrial dispute between the employers and the workmen of the concern known as Shree Sitaram Sugar Co. Ltd.' Baitalpur, Distt. Deoria relating to retirement of the workmen, was referred for adjudication to the Labour at Gorakhpur in G. O. No. 785 (LG)/XVIII LA- 97 (GR)/1959, dated October 25, 1960. And whereas the same dispute is also covered by GS. No. 822 (LG)/XVIII-LA-115 (GR)1959, date October 31, 1960, as amended by G. O. No. 912 (LG)/XVIII-LA-115 (GR)/1959,dated November 21, 1960, referring the same question of retirement of workmen to Labour Court at Gorakhpur; Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 6-G of the U. P. Industrial Disputes Act, 1947 (U. P. Act No. XXVIII of 1947), the Governor is pleased to order that G. O. No. 785 (LG)/ XVIII-LA-97 (GR)/1959, dated October 25, 1960 referring the said dispute for adjudication, shall be and is hereby withdrawn". Sd/- J. Prasad. Under Secretary.";