R.Dayal, J. - (1.) The workmen of the Imperial Tobacco Company of India Ltd., Saharanpur had two trade unions -- one under the name of the Cigarettes Workers Union, Saharanpur and the other under the name of Tobacco Friends Union, Saharanpur. There had been some disputes between the workmen and the company. The Cigarettes Workers Union applied to the Conciliation Officer on 29-12-1953 praying for his referring certain disputes between the workmen and the company to a Conciliation Board. The Conciliation Officer constituted a Conciliation Board and an agreement was signed on behalf of the company and the Cigarettes Workers Union on 30-12-1953. The Chairman of the Conciliation Board reported the settlement to the local Government on 2-1-1954. The Government passed the following order on 14-6-1954: "Whereas the Conciliation Board, Meerut constituted under Section 5 (1) of Government Order No. 615(LL)/XVIII-7(LL)/51, dated 15-3-1951, has been successful in bringing about an amicable settlement in the Industrial dispute between the concern known as Messrs. imperial Tobacco Co., of India Ltd., Saharanpur and its workmen (C. B. Case No. 301 of 1953); And whereas in the opinion of the Governor it is necessary so to do for the maintenance of public order and for maintaining employment to enforcement of settlement, dated 30-12-1953, contained in the report dated 2-1-1954. Now, therefore, in exercise of the powers conferred by Section 3 read with Section 7 of the U. P. Industrial Disputes Act 1947 (U. P. Act No. 28 of 1947) the Governor is pleased to order as follows, namely: The terms of the said settlement, contained in the Schedule annexed herewith, shall be and are hereby enforced and shall remain in force in respect of the matters covered by the said settlement and bind the said concern and its workmen for a period of one year in the first instance, with ............ effect from the date of the said settlement, subject to the following conditions: (a) If any of the terms of the said settlement is more favourable to workmen than the advantage accruing to them under any legislation in force for the time being, the workmen shall be entitled to the benefits according to the terms of the said settlement; and (b) If any of the terms of the said settlement is less favourable to workmen than the advantage accruing to them under any legislation in force for the time being, the workmen shall be entitled to get advantages to which they may be entitled under the law.
(2.) Any person, who contravenes or attempts to contravene any provisions of this order or abets any such contravention shall be liable on conviction to fine or to imprisonment not exceeding three years or both." 2. Some of the disputes which the agreement purported to settle were pending for decision before the U. P. State Industrial Tribunal, Allahabad. The State Government had referred them to that body at the instance of the appellant. The reference (No. 5 of 1954) consisted of five issues, four having been referred by the Government by an order dated 8-1-1954 and the fifth by an order dated 6-4-1954.
(3.) As a consequence of the order dated 14-6-1854 the Government decided to withdraw the reference in respect of four of the issues and by an order dated 12-7-1054 withdrew the reference in respect of four out of the five issues.;