V.G.OAK, J. - (1.) THIS is a petition under Article 226 of the Constitution for the issue of writs in the nature of certiorari and mandamus. Messrs. J. K. Cotton Manufacturers Limited, Kanpur are the petitioners. Sri Singhal, who is Mill Manager of the petitioner company, filed an affidavit on behalf of the petitioners.
(2.) ACCORDING to Sri Singhal's affidavit, the petitioners are a public limited company carrying on business of the manufacture of cotton yarn at its factory at Kanpur. The company employs a number of permanent workmen. It also employs a number of substitutes and temporary workmen according to exigencies of work. 159 persons were employed by the Company as substitutes and temporary workmen, after obtaining written contracts for specific periods of service. There was shortage of raw material during the period from 17 -11 -1953 to 8 -12 -1953. No work was available for temporary and substitute workmen during this period. So substitutes and temporary workmen left service of the petitioner company. On 25 -1 -1954, Kanpur Mazdoor Congress, Kanpur raised a dispute on behalf of the temporary and substitute workmen urging that those workmen should be permitted to go back to work. An appli -cation was made to the Regional Conciliation Officer, Kanpur for constitution of a Conciliation Board. No settlement, however, could be arrived at in the conciliation proceedings. So in 1954, U. P. Government referred the dispute to the State industrial Tribunal, U. P., Allahabad for adjudication. The Industrial Tribunal gave its award in December, 1954. The petitioner Company filed an appeal against that award D/ -11 -12 -1954. The appeal was allowed by the Labour Appellate Tribunal of India (Lucknow Bench).
(3.) THEREAFTER the U. P. Government issued a fresh notification dated 6 -2 -1956 referring the dispute to adjudication by Sri J. N. Tewari, Deputy Labour Commissioner, U. P. Sri J. N. Tewari gave an award holding that the workmen in question were permanent employees. The Adjudicator directed the petitioner company to pay the workmen compensation for the period for which they remained unemployed for no fault of theirs. The present writ petition is primarily directed against the award delivered by Sri J. N. Tewari Adjudicator. It has been prayed that the award should be quashed. There is also a prayer for directing the U. P. Government to withdraw its order of reference dated 6 -2 -1956.;