Raghubar Dayal, J. - (1.) This is an application under Article 226 of the Constitution, for the issue of a -writ in the nature of certiorari to quash the award dated 1-11-1951 and the order dated 4-7-1952, of the Labour Appellate Tribunal.
(2.) The petitioner is the J. K. Iron and Steel Co., Ltd., having its registered office at Kamla Tower, Kanpur. It dispensed with the services of 128 workers on 15-5-1951 and served on them a notice to this effect: "Consequent to transfer of the Rolling Mill to Calcutta and want of scrap to work furnace department in full, the services of the persons as per list attached are dispensed with from today. Their wages and other dues in full settlement will be paid after 2 P.M." The dismissal of the workers was challenged on their behalf by the Secretary, Iron and Steel Mazdoor Union, Kanpur.
(3.) On 28-6-1951, the Governor in exercise of the powers conferred by Section 3, 4 and 8, U. P. Industrial Disputes Act, 1947 (U. P. Act No. 28 of 1949) & in pursuance of the provisions of Clause 10 of Government Order No. 615 (LL)/XVIII-7(LL)/51, D/-15-3-1951, subsequently to be referred to as the Order, referred this industrial dispute, between the petitioner firm and its workmen, to Sri J.N. Singh, Additional Regional Conciliation Officer, Kanpur, for adjudication. The matter in dispute was expressed thus in G. O. No. 3092(TD)/XVIII-28 (TD)/1951 dated 28-6-1951: "Whether the retrenchment of the workmen given in the Annexure by Messrs. J. K. Iron and Steel Co., Ltd., Kanpur is unjustified? if so, to what relief are the workmen entitled?" Clause 16 of the Order reads: "The Tribunal or the Adjudicator shall hear the dispute and pronounce its decision within 40 days (excluding holidays observed by Courts subordinate to the High Court) from the date of reference made to it by the State Government, and shall thereafter as soon as possible supply a copy of the same to the parties to the dispute, and to such other persons or bodies as the State Government may in writing direct. Provided that the State Government may extend the said period from time to time." The period of 40 days commencing from the 28th June terminated on the 14th August. The Governor, however, extended the period for the decision of the adjudicator upto September 15, by an order dated the 31st August, again to September 30, by an order dated 24th September and lastly upto 1-11-1951, by an order dated 17-10-1951. It win be noted that these orders extending the period fax the decisions of the adjudicator were made after the expiry of the earlier periods and not before the expiry of those periods.;