- (1.) THIS is a petition under Article 226 of the Constitution. The petitioner is a public limited company which carries on at Kanpur the business of manufacturing and selling jute goods. It paid to its workmen for the year ending 30-9-1951, a bonus of four annas in the rupee of their net basic earnings during the year. The workmen were not however satisfied, and they claimed payment of an additional bonus of the same amount, namely four annas in the rupee, in respect of the same year. As no amicable settlement could be arrived at, the State Government referred the claim to the Additional Regional Conciliation Officer, Kanpur, who by an award dated 29-12-1952, found in favour of the workmen and ordered that they be paid a further sum of four annas in the rupee as bonus. The amount which the company is required to pay under this award was approximately Rs. 1,10,000.
(2.) THE company preferred an appeal to the Labour Appellate Tribunal and at the same time it applied for a stay of the operation of the award. That application was refused on 7-4-1953, and a subsequent application made by the company to the Tribunal on 10th April for a review of its earlier order was summarily rejected.
(3.) THE company's application for stay of the award was made under Section 14, Industrial disputes (Appellate Tribunal) Act, 1950, which provides that: "where an appeal is preferred, the Appellate Tribunal may, after giving the parties an opportunity of being heard, stay, for reasons to be recorded, the implementation of the award or decision or any part thereof for such period and on such conditions as it thinks fit. Provided that no such order for stay shall be made unless the Appellate Tribunal is satisfied that the implementation of the award of decision may have serious repercussions on the industry concerned or other industries or on the workmen employed in such industry or industries". The company contends that the proviso to this section is 'ultra vires' of the Constitution as it contravenes the provisions of Articles 14 and 19; and the reliefs which it seeks by this petition are, first, a writ in the nature of 'certiorari' quashing the order of the Labour Appellate Tribunal made on 7-4-1953, and, secondly, a writ in the nature of mandamus to be issued to the Tribunal directing it to decide the company's application for stay in accordance with law.;