R.K.Mahajan, J. - (1.) By this petition, the petitioner seeks a writ, order or direction in the nature of mandamus directing the State Government, Respondent No. 1, to publish the award given by the Industrial Tribunal (I), Allahabad in Adjudication case No. 27 of 1984 in the matter of dispute referred to it for adjudication by order of reference dated October 1, 1984.
(2.) Briefly, the facts of the case are that there was a dispute pending between employer Ramsey Pharma Private Limited, Naini, Allahabad and their union of workmen. An order of reference was made by the Government on October 1, 1984 contained in Annexure-I to the writ petition. Although the reference was made by the Government to the Industrial Tribunal, Allahabad for adjudication of the disputes, the parties were continuing their bilateral negotiations and on October 14, 1984, they arrived at an amicable settlement resolving all their pending disputes including the four items referred for adjudication by order of reference, as mentioned above.
(3.) Later on, the settlement/compromise appears to have been taken place between the parties. On the basis of the settlement, the matter was disposed of by the industrial Tribunal vide its order dated November 29, 1984 and the Government vide its order dated January 29, 1985 disposed of the matter by observing that since the matter contained in order Annexure-I, has not been adjudicated upon, the same could not be published in the official gazette. In fact, the Tribunal has described wrongly as order and it should have been described as an award which was based on settlement. The Government did not publish it on the ground that it does not fall within the definition of award vide Annexure-3 to the writ petition. Hence the writ petition has been filed for a direction of the Court to get the award published in the gazette.;