- (1.) THE petitioner, the Swadeshi Cotton Mills Co. Ltd. Kanpur, carries on business of the manufacture and sale of cotton cloth, mainly dhoties and Saries, and has its registered office at kanpur. The petitioner company alleged that, from August 1952, the stock of cotton cloth manufactured by the applicant company began to accumulate and the sales of the said cloth fell due to adverse market conditions. The applicant company was consequently forced to take a decision to play off its workmen in relays and on 23-10-1952 the management of the company put a notice playing off the workmen who were employed in the manufacture of textile cloth, under standing order No. 16 of the certified standing orders of the company. During this play off and for some time after it, a large number of workmen applied to the management of the company requesting that the period of play off be converted to one of leave with wages. This request was acceded to by the management. Subsequently the accumulation of stock began to decrease as a result of increasing sales and therefore the management decided against any further play off. During the period of play off, the opposite parties Nos. 5, 7 and 8, the Suti Mill Mazdoor Union, Kanpur, the Kanpur Mazdoor Sabha Kanpur and the Hind mazdoor Sabha, Kanpur addressed complaints on various dates in respect of this play off directly to the Regional Conciliation Officerkanpur praying that a Conciliation Board be constituted and conciliation proceedings commended. The Union approached the Regional Conciliation Officer without approaching the petitioner comany for redress of their alleged grievances. The conciliation proceedings before the Regional conciliation Officer were infructuous as no amicably settlement could be arrived at. During these conciliation proceedings opposite party No. 6, the Kanpur Mill Mazdoor Union, Kanpur was also impleaded as a party to those proceedings. Subsequently the Government of Uttar pradesh issued a notified Government Order No. 664 (LC)/xviii- (LA)/717/2, 708/2 and 761/2 (LKR)/1952 dated 25-2-1953 stating that an industrial dispute existed between the petitioner company and its workmen and referring, the following question to the State Industrial tribunal, Uttar Pradesh Allahabad : " (1) Whether the play off of workmen resorted to by M/s. Swadeshi Cotton mills Co. Ltd. , kanpur as noted below was wrongful and/or unjustified? (i) Workmen in shift 'c' from 27-10-52 to 8-11-52. (ii) Workmen in shift 'b' from 10-11-52 to 22-11-52. (iii) Workmen in shift 'a' from 24-11-52 to 6-12-52 if so to what relief are these workmen entitled?
(2.) PURSUANT to this order, referring the industrial dispute to it, the State Industrial Tribunal commenced the hearing of the reference which was numbered as 31 of 1953 and gave an award on 2-6-1953. The crux of the decision given by this Tribunal was that, "the play offs specified in the issue were unjustified to the extent of 6 days, concerning each shift. The management must pay 50% of the total average earnings which the workmen of each shift may have made during the whole period of play offs. The average shall be worked out on the basis of the earnings of each workman in the relevant month or months. These six days shall for all purposes be treated as days actually worked. Those workmen also, who got their period of play off converted into leave with wages, shall be entitled to the aforesaid reliefs. The payment must be made within one month after our award becomes enforceable according to law. " The petitioner company alleges that the amount payable to the workmen under this award comes to about Rs. 200,000/ -. Against this award the petitioner company preferred an appeal before the labour Appellate Tribunal of India (Lucknow Bench) which was numbered as appeal No. III-271 of 1953. Before the Labour Appellate Tribunal, the petitioner company moved an application that the implementation of the award given by the Industrial Tribunal be stayed. Upon this application the Labour Appellate Tribunal on 6-10-1953 passed an order directing the payment of half the amount payable under the award within three weeks. The petitioner company found itself unable to pay the money in accordance with this stay order. On 28-10-1953 the Regional Conciliation Officer issued a notice to the manager of the petitioner company calling upon him to implement the award forthwith and to send the intimation thereof within three days of the receipt of the notice and threatening legal action on failure to do so.
(3.) UNDER these circumstances, this petition under Article226 of the Constitution was moved by the petitioner company on 16-11-1953. The reliefs claimed in the petition are : " (a) That a writ in the nature of certiorari be issued to the opposite party No. 1 the State industrial Tribunal Uttar Pradesh quashing the proceedings and the award in reference No. 31 of 1953 and to opposite party No. 3 the Labour Appellate Tribunal of India Lucknow Bench quashing the proceedings in appeal No. III-271 of 1953. (b) That a writ in the nature of prohibition be Issued to opposite party No. 3 prohibiting it from proceeding further with appeal No. III-271 of 1953. (c) That a writ in the nature of mandamus be Issued to opposite parties Nos. 2 and 4 the Regional conciliation Officer Kanpur and the State of Uttar Pradesh directing them not to enforce the award dated 2-6-1953 nor to take any action against the applicant company and its officers for not implementing the award. ";