- (1.)THIS is a special appeal directed against the judgment of Bhagwan Das Gupta, J. , dated 30 October 1064 dismissing Writ Petition No. 1526 of 1961 filed by the appellant, Sree Sitaram Sugar Company, Ltd. (hereinafter referred to as the appellant ).
(2.)BY means of the writ petition aforesaid, the award given by the labour court, Gorakhpur, was sought to be quashed on the ground that the State Government on 28 February 1961 had revoked the notification dated 26 October 1960 purporting to act under the provisions of Section 6g of the Uttar Pradesh Industrial Disputes Act (hereinafter referred to as the Act ). That provision so far as relevant for our purposes reads: 6g. Power to transfer certain proceedings.- (1) The State Government may, by order in writing and for reasons to be stated therein, withdraw any proceedings under the Act, pending before a labour court or tribunal or transfer a proceeding from one labour court or tribunal to ' another labour court or tribunal, as the case may be, for the disposal of the proceeding and the labour court or tribunal to which the proceeding is so transferred may, subject to any special directions in the order of transfer, proceed either, de novo or from the stage at which it was so transferred.
(3.)THE dispute referred to the tribunal was as follows: Whether the employers have retired their workmen named in the annexure with effect from 2 May 1959, legally and/or justifiable ? If not, to what relief are the workmen concerned entitled ?