M.L.Chaturvedi, J. - (1.) This is a petition under Article 226 of the Constitution.
(2.) The petitioner is a limited company and carries on the business of manufacture and sale of sugar. In September 1948, the U. P. Government passed an order under Section 3(b), U. P. Industrial Disputes Act of 1947 laying down the standing orders to be followed by the petitioner and other sugar factories. During the period that these standing orders were in force the Central Legislature passed the Factories Act of 1948, which came into force in April 1949. One of the questions that, arises for consideration is the interpretation of Sections 78 and 79, Factories Act. After the Factories Act had been passed, the State Government issued an order on 1-10-1951 again laying down certain standing orders mentioned in the annexure. Under Clause 9(12) of this standing order, the employers had been directed to pay wages for un-availed portion of leave to the workmen. Relying on the above clause, the workmen of the petitioner claimed wages in lieu of unavailed leave in the year 1951-52. In the subsequent year 1952-53, they claimed wages for the period 11-12-1952 to 16-12-1952 as the mills had not worked on those days and the case of the workmen was that the management had improperly stopped its working on the said days.
(3.) The U. P. Government referred the said two disputes for adjudication by its order dated 3 8-9-1953. The Adjudicator went through the proceedings and gave his award on 27-6-1953. He held against the petitioner on both the points and directed that wages have to be paid to the workmen for both the periods. His finding on the points raised was that Section 79, Factories Act did not apply to orders issued under the Industrial Disputes Act. These orders had the force of law and the application of Section 79 to the orders was excepted by the provisions of Section 78, Factories Act. He thus held that the order of the Government dated 1-10-1951 providing for payment of wages for unavailed portion of casual and privilege leaves was valid. On the second point he held that the working of the mills was not stopped on 11-12-1952 because of any sabotage and the workmen were entitled to the wages of that period. The petitioner then went up in appeal to the Labour Appellate Tribunal against this award and the Labour Appellate Tribunal dismissed the appeal on 15-4-1955 on the ground that no substantial question of law arose in the cases; It agreed with the view of the Adjudicator that Section 79, Factories Act did not render the Government order dated 1-10-1949 invalid and as regards the second point it held that the question whether there was a sabotage or not was a question of fact and the judgment of the Adjudicator on that point was not shown to be perverse. The present petition was filed on 26-8-1955, praying for the issue of a writ of certiorari quashing the order of the Labour Appellate Tribunal dated 15-4-1955 and for the issue of a writ of mandamus directing the Tribunal to hear and dispose of the appeal in accordance with law.;