Jagdish Sahai, J. - (1.) The petitioner Messrs. Jaswant Sugar Mills Limited (hereinafter referred to as the petitioner) is a limited liability company and carried on business of manufacture and sale of sugar. On 1st October, 1958, the Deputy Labour Commissioner (Industrial Relations), U. P., referred the following matter of dispute to the Industrial Tribunal, U. P., Allahabad (hereinafter referred to as the Tribunal) for adjudication : "Whether the designation and/or wages of the workmen appearing in the annexure need any revision? If so, from what date and with what details?" The Tribunal made its award on 30th April, 1959, and the same was published in the U. P. Gazette on 3rd June, 1959. By means of this petition the award mentioned above has been challenged by the petitioner.
(2.) Under the provisions of Section 4-K of the U. P. Industrial Disputes Act (hereinafter referred to as the Act) the power to make a reference has been given to the State Government. That power can, however, be delegated under Section 11-A of the Act. Notification No, 2723 (ST)/XXXVI-A-150 (ST)-57 dated 20th May, 1957, was published both In Hindi as also in English, in an extraordinary issue of the U. P. Gazette. By means of this Notification the State Government delegated some powers under the Act to the Labour Commissioner find the Deputy Labour Commissioner, U. P. Whereas, in thc English version of the Notification the sections in respect of which powers had been delegated were 4-K and 6-H, the Hindi version mentioned the sections as 4- k and 6 >- 4&kwould correspond to 4-J in English. After the present petition had been filed in this Court, the State Government issued in an Extraordinary Issue of the U. P. Gazette dated 29th August, 1959, a corrigendum stating that instead of 4&k and 6 >] 4 Vand 6&kbe read in the Hindi Notification dated 20th May, 1957.
(3.) It would contribute to a clear understanding of thc case if at this stage a few facts were mentioned. The U. P. Legislature passed two Acts being U. P. Act No. 1 of 1950 (U. P. Language Bills Act) and U. P. Act No. 26 of 1951 (U. P. Official Language Act). By the former it was provided that the proceedings in the U. P. Legislature shall be in Hindi and the U. P. Acts shall also be in the same language. By the latter it was provided that for all official purposes in U. P. Hindi shall be used.;