- (1.) The petitioner. United Provinces Electrical Co., Ltd. (hereinafter referred to as the said Company) was incorporated under the Indian Companies Act. 1913, mainly with a view to generating and distributing electricity. Two licences granted by the then Government of United Provinces of Agra and Oudh known as Lucknow Electric Licence, 1914. and Allahabad Electric Licence, 1914, in favour of Crompton and Co., were transferred to the said company after incorporation. Petitioner No. 5 was the Managing Agent of the said Company upto August 15, 1965, and. thereafter acted as the Secretary until September 30, 1966. The business of the said company continued till September 17, 1964, when the entire undertaking was taken over by the Uttar Pradesh State Electricity Board respondent No. 4, under Section 6 (1) of the Electricity Act, 1910, upon the expiry of the period of license. Since then, there was a closure of the business of the said company. By a special resolution passed at the annual general meeting of the company held on September 30, 1966, the said company was wound up voluntarily and the petitioners Nos. 2, 3 and 4 were appointed and still continued to be the liquidators of the said company. In or about June. 1964. Uttar Pradesh Bijli Karmachari Sangha, respondent No. 3, raised a demand against the said company claiming bonus for the accounting year 1963-64 at the rate of 8 months wages of the workman concerned. The said demand was admitted for conciliation. In or about February, 1965, another Union of the said company's workmen raised identical dispute for payment of bonus. The Union, however, did not pursue the matter and a case was filed in default before the Conciliation Officer. Thereafter, in or about February, 1966, the said company in pursuance of Section 33 of the Payment of Bonus Act, 1965, paid bonus of 4% of the wages earned by its employees during the year 1963-64 having regard to the fact that there was no available surplus for that year. In or about June, 1968, the petitioner No. 5 received two letters both dated 24th June, 1968, from the Regional Assistant' Labour Commissioner, Lucknow, requiring petitioner No. 5 to supply forthwith a copy of the Balance-sheet of the said company for the year 1963-64, which, it was stated, was necessary in connection with an industrial dispute between the said company and its workmen at Lucknow. By a reply dated July 5, 1968, it was pointed out by the petitioner No. 5, that the said petitioner had no connection with any industrial dispute between the said company and its workmen. Another letter was also received in July, 1968, from the said Regional Assistant Labour Commissioner, wherein the petitioners Nos. 2, 3 and 4 were requested to send the Balance-Sheet for the year 1963-64. By a reply dated August 9, 1968, it was indicated on behalf of the said company, that, there was or could be no industrial dispute since there was no industry existing and as such there was no obligation on the part of the liquidators to submit the Balance-Sheet of the said company for the year 1963-64. Thereafter, on or about October 14, 1968, the said company was served by a registered post at its registered office at Calcutta with a copy of an order under Section 4-K of the Uttar Pradesh Industrial Disputes Act, 1947 , dated October 10, 1968, whereby in exercise of the powers conferred by the said section, the Govt, of Uttar Pradesh referred an industrial dispute to the Industrial Tribunal (III), Uttar Pradesh, Allahabad, in the following terms: "Whether the Uttar Pradesh Electricity Supply Company Limited, Lucknow (in voluntary Liquidation) should be required to make payment of any additional bonus to the workmen employed by it during the year 1963-64 at Lucknow over and above the bonus already paid at the rate of 4 per cent, of wages? If so, at what rate and with what other details?" Thereafter, by a summons dated October 7, 1968, served upon the petitioner at No. 12, Mission Row, Calcutta, the petitioners were summoned to appear before the Industrial Tribunal, respondent No. 1. on November 15, 1968, which date was subsequently extended till December 16, 1968. The petitioner being aggrieved by the said order of reference made by the respondent No. 2 moved this Court under Article 226 of the Constitution and obtained the present Rule on, 13th December, 1968.
(2.) Mr. Ghosh, appearing on behalf of the respondent No. 2. raises a preliminary objection that this Court has no jurisdiction to decide the matter as the reference was made by the State of Uttar Pradesh which is outside the territorial jurisdiction of this Court.
(3.) It is not disputed that the order of reference has been sent by per registered post to the petitioners who are all residing within the jurisdiction of this Court and the summons were also served upon the petitioners at Calcutta. After the amendment of Article 226 (1-A) of the Constitution, if cause of action wholly or in part arises within the territorial jurisdiction of this Court, it is possible to this Court to issue a writ to any Government, authority or person though they may be outside the territorial limits of this Court. Moreover, it appears that the consequences of the order of reference will fall upon the petitioners at Calcutta, where at least part of cause of action would arise. Therefore, in my view, the preliminary objection raised by Mr. Ghosh is of no substance.;