D.S.Sinha, J. - (1.) HEARD Sri H.S. Nigam, learned counsel appearing for the petitioner and Sri Vinay Malaviya, learned Standing Counsel representing the respon dents No. 1 and 2.
(2.) BY means of this petition, under Ar ticle 226 of the Constitution of India, the U.P. State Sugar Corporation Ltd., Unit Pipraich, District Gorakhpur through the General Manager prays for issuance of a writ of mandamus, order or direction in the nature of mandamus commanding the State of U.P. Industrial Tribunal (I), Allahabad, besides Diamond Sugar Mills Mazdoor Union, the respondent No. 3, not to enforce the Notification dated 15lh July, 1982, is sued by the State of Uttar Pradesh in exer cise of power under Clause (b) of Section 3 of the U.P. Industrial Disputes Act, 1947, a copy whereof is Annexure I to the petition. Sri Vinay Malaviya, learned Stand ing Counsel representing the State of U.P., invites the attention of the Court towards the Uttar Pradesh State Control Over Public Corporation Act, 1975 (U.P. Act No. 41 of 1975) which empowers the State Government to issue direction to every statutory body established or constituted under any Uttar Pradesh Act, excepting Universities governed by the Uttar Pradesh State Universities Act, 1973, as re-enacted and amended by the Uttar Pradesh Univer sities (Re-enactment and Amendment) Act, 1974, in relation to the discharge of its func tions and ordains such statutory body to be guided by such directions on the question of policies, as may be given to it by the State Government, notwithstanding that no such power has expressly been conferred on the State Government under the tow estab lishing or constituting such statutory body. It is not disputed before the Court that U.P. State Sugar Corporation Ltd., the petitioner, is a statutory body established under an Act passed by the Uttar Pradesh State Legislature. Thus, as envisaged in U.P. Act No. 41 of 1975, the petitioner would be bound by a direction issued by the State Government on the question of policy.
(3.) A Government Order dated 16th January, 1991 has been issued by the State Government to all the departments of the Government of the State of Uttar Pradesh and to the State Corporations requiring them to have the disputes between them and the State of Uttar Pradesh pending in any Court disposed of outside the Court in con sultation with the judicial department. In view of the Government Order dated 16th January, 1991 the petitioner is obliged to take steps to have the dispute raised herein resolved outside the Court. While deciding the Writ Petition No. 21017 of 1993 connected with writ petition No. 4998 of 1993 between Nagar Palika, Almora & another And Executive Engineer, Electricity Distribution Dn., Almora & others, reported in 1996 (27) Allahabad Law Reports at page 667 a Division Bench of this Court, also issued direction to the Govern ment of Uttar Pradesh to set-up a commit tee consisting of representatives from the department concerned, department of law and such other representatives as it may deem fit and proper within three months from the date of presentation of certified copy of the order before the Chief Secretary of the Government of U.P. The Bench also directed that every dispute between the State Government and its Public Undertak ings and Public Undertakings in between themselves shall be referred to the said com mittee by the Government at the instance of any of the parties to the dispute, within three months from the date such a request is made to it and the said committee shall consider and take a decision after giving reasonable opportunity of being heard to both the parties, as far as possible, within further period of six months. In case it is not possible for the committee to resolve the dispute, it shall give clearance to the con testing parties to take the matter to the appropriate Court or the Tribunal.;