R.L. Gulati, J. - (1.) This Special Appeal is directed against the judgment of brother Kirty in Civil Misc. Writ No. 3264 of 1967.
(2.) The three appellants are the employees of the respondent Company, the Upper Doaba Sugar Mills Ltd. Shamli, Muzaffarnagar. A dispute appears to have arisen between the respondent company and some of its workmen. The dispute was referred to arbitration under Section 5-B of the U.P. Industrial Disputes Act, 1947. An agreement was entered into between the Company and the Chini Mill Mazdoor Union representing the workmen. This agreement was published by the State Government under sub-section (5) of Section 5-B. The dispute referred for arbitration was; "Whether the workmen mentioned in Annexure 'A are entitled to be fitted in the grades claimed for If so, to what relief they are entitled - Originally the dispute was in respect of seventy workmen, but as a result of negotiations the cases of sixty workmen were amicably settled and the arbitrators had to decide the cases of only ten workmen. Out of these ten workmen, the claim of six was rejected and the claim of the remaining four workmen, who figured as respondent Nos. 5 to 8 in the writ petition, was allowed. The writ petition filed by the Company under Article 226 of the Constitution has been partly allowed. Hence this Special Appeal by the employees of the Company.
(3.) Sri. K.P. Agarwal, who appeared for the appellants, has raised a preliminary objection. He contends that the award which has been impugned in the writ petition was not amenable to writ jurisdiction of this Court. A writ may lie against a statutory arbitration award but not against a private arbitration award. According to the learned counsel the instant is a case of private arbitration.;