- (1.) RELYING upon the decision of the Supreme Court in State of U. P. v. Basti Sugar Mills 1967 ?1 L. LJ?220 : A. I. R. 1961 S. C. 420, a learned single Judge held that the power to issue a notification under Section 3 (b) of the U. P. Industrial Disputes Act, 1947, is exercisable by the State Government only in cases of acute emergency. Upon the authority of the Supreme Court in Rohtas Industries Ltd, v. S. D. Agarwal the learned Judge held that when the subjective satisfaction of the Government in exercising a power conferred upon it is challenged in a Court of law, the authority must place before the Court the material upon which the satisfaction was based. On facts, the learned Judge held that no material had been placed on the record of the present case to show that there was any emergency, much less an emergency of an acute nature. Merely reciting verbatim the words used in Section 3 does not absolve the State Government from its duty to produce material in support of its case. On this finding the learned Judge quashed the notification dated August 28, 1971. By this notification issued under Section 3 (b) of the U. P. Industrial Disputes Act the State Government extended the operation of its earlier notification dated 17th June, 1970, for a period of one year with effect from 22nd September, 1971. By the notification of 1970 the State Government had enforced the recommendations of the Central Wage Board for the Indian textile industry regarding pay scales of clerks and dearness allowance to the workmen including clerks, in respect of the respondent-company, namely, the Prem Spinning and Weaving Mills Company, Limited, Ujhani, District Budaun. Aggrieved, the State of U. P. has come up in appeal. During the pendency of the appeal it has filed an affidavit placing on record the materials on which the requisite satisfaction of the State Government was based.
(2.) IN 1948 dispute arose between the management of the respondent-company and its workmen. The conciliation officer resolved them and on February 2, 1949 the Government issued a notification directing the respondent to give 10 per cent interim increase to the workmen on their wages as on 30th November, 1948. Meanwhile the dispute was referred to the Industrial Tribunal which gave an award on October 14, 1955 in consonance with the notification dated 2nd February, 1949.
(3.) THE workmen, however, were not satisfied and as a result of negotiations they reached a statutory agreement with the respondent-company under which the management granted further ad hoc increase.;