- (1.) THIS writ petition has been filed for the following reliefs : (i) Issue a writ, order or direction in the nature of certiorari quashing the entire proceedings in Adjudi cation Case No. 186 of 1990 pending before respondent no. 1 and the reference order dated 28- 8-1990 (Annexure I ). (ii) Issue a writ, order or direction in the nature of mandamus direct ing the respondent no. 1 not to proceed further in Adjudication Case No. 186 of 1990 pending before it in pursuance of the ref erence order dated 28-8-1990. (iii) Issue any other suitable writ, or der or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award costs of the petition to the petitioner.
(2.) RELEVANT facts giving rise to the present writ petition, in brief, are that the petitioner is a Company registered under Indian Companies Act and carries on business of manufacture and sale of pulps and papers. Its factory is situate at Lal Kuan district Nainital. A dispute has arisen between the workmen and the factory management pertaining to certain demands. A demand charter was submitted by workers through union leaders dated 24-1-1990 and under De mand No. 2 (B) of the charter of demand conveyance allowance @ 10% of the total salary was claimed by the workers. The demands raised by the workers was not acceptable to the employer-factory management, which resulted into violent industrial unrest etc. and the manufac turing activities were adversely affected and the working was paralyzed. Conse quently, the management had declared lock out w. e. f. 1-6-1990, which contin ued upto August 1990. The matter was thoroughly examined by the officials of the Labour Department. Ultimately a registered settlement was arrived at on 4-8-1990 which was duly signed by the employer, union representatives and the officials of Labour Department and it was agreed that every worker shall be entitled to a sum of Rs. 35/- per month as conveyance allowance. The settle ment was registered on 25-8-1990 in ac cordance with the provisions of U. P In dustrial Disputes Act (for short the Act) and complete formality and compliance of Section 6-B of the Act was made. In the meantime, the State Gov ernment made a reference under Sec tion 4-K of the Act by Government Or der dated 28-8-1990 for adjudication to Labour Court, Haldwani, District Nainital. The industrial disputes reads as under: "whether non-payment of convey ance allowance to all the technicians and workers w. e. f. 10-1-1990 by the employers is illegal and improper ? If so, to what benefit/compensation are the workers entitled to get with its details ?" According to the petitioner, the settlement is binding instrument, and contract of service between employees and employer. It has not been modified, rescinded or cancelled. The same is still in force. The benefit of settlement is being given to the workers and the man agement is fairly implementing the set tlement. Hence the State Government had no jurisdiction to make a reference for a dispute, which was no longer in existence. In view of the settlement, which is in operation between the par ties, there exists no dispute or difference to constitute an industrial dispute within the meaning of Section 2-L of the Act and since no industrial dispute existed between the parties, therefore, there was no occasion for the State Government to exercise its powers under Section 4-K of the Act and to make a reference to the Labour Court.
(3.) THE Labour Court issued sum mon on 24-9-1990 to both the parties fixing 11-10-1990 for filing their reply. The petitioner has filed the present writ petition to quash the entire proceeding in Adjudication Case No. 186 of 1990 pending before the respondent no. 1 as well as the reference order dated 28-8-1990 issued by the Government (Annexure No. I ).;