Dwivedi, J. - (1.) The Punjab Sugar Mills Co. Ltd. Ghughli, has preferred this appeal against the order of Mr. Justice Chaturvedi dated 18-11-1955, by which he dismissed the appellant's writ petition under Article 226 of the Constitution.
(2.) The appellant manufactures sugar and also carries on some allied business. Its employees are organised in a trade union known as the Chini Mill Karamchari Sangh, Ghughli (hereinafter referred to as the Sangh). Some time in the year 1953 the Sangh raised a dispute in respect of the wages of six employees of the appellant, namely, Lakhan, Hansi, Sagni, Bansu, Tribeni and Rama. The State Government, by G. O. No. 1208(LC)/XVIII-LA-5/41 (GR)/1953, dated the 6th April 1953, referred the dispute to adjudication by Sri J. N. Khanna, Adjudicator, in accordance with the provisions of Sections 3, 4 and 8 of the U. P. Industrial Disputes Act, 1947. Before the Adjudicator the principal contention of the appellant was that these six employees were not "workmen" within the meaning of the Act as they were the personal domestic servants of officers of the company and that, therefore, the Adjudicator had no jurisdiction to hear and decide the dispute.
(3.) The Adjudicator overruled this contention as well as other objections of the appellant. He held that the six employees were 'workmen' within the meaning of the Industrial Disputes Act, and the dispute referred by the State Government was an 'industrial dispute.' The Adjudicator gave his award in favour, of the aforesaid six workmen on 1-7-1953. The appellant preferred an appeal against the award of the Adjudicator to the Labour Appellate Tribunal of India, Lucknow Bench, (hereinafter called the Tribunal). The contention that the six employees were not 'workmen' and the dispute referred by the State Government was not an 'industrial dispute' was re-canvassed before the Tribunal. The Tribunal rejected the contention and dismissed the appeal subject to some modification in the award (which is not material for our purposes).;