- (1.) This is a petition under Article 226 of the Constitution directed against the order of the Labour Court II, Kanpur, refusing to frame certain preliminary issues in the dispute pending before it between the-parties.
(2.) Messrs Swadeshi Cotton Mills Company Ltd. carry on business of manufacture of cotton bales and textiles at Kanpur. In 1952 it dismissed five workmen from service. The workmen raised industrial dispute which was referred for adjudication. On 17-4-1953 the adjudicator submitted his award, he held that the employers had wrongfully dismissed the workmen. The petitioner company preferred appeal against that award before the Labour Appellate Tribunal of India, Lucknow Bench. The appeal was allowed on 3-9-1953 on the ground that the award had been declared after expiry of the prescribed period. The State Government filed appeal before the Supreme Court against the order of the Labour Appellate Tribunal of India, the Supreme Court dismissed the appeal on 20-11-1957 and upheld the order of the Labour Appellate Tribunal.
(3.) Thereafter the Deputy Labour Commissioner, U. Pt referred the dispute to the Labour Court, Goraklipur, under S. 4-K of the U. P. Industrial Disputes Act. Later on the matter was transferred to the file of the Labour Court at Kanpur. But before the dispute could be decided on merits the petitioner company filed Writ Petition No. 3209 of 1958 before this Court challenging validity of the order of reference as well as the proceedings before the Labour Court, Kanpur, on a number of grounds. The writ petition was dismissed on 29-4-1965, Special Appeal preferred by the petitioner company was dismissed on 11-4-1972 and the judgment of the learned single Judge became final.;