P.B.Mukharji, J. - (1.) This is a petition by Shree Shew Sakti Oil Mills Ltd. under Article 226 of the Constitution for a writ of certiorari to quash and set aside the award of the Second Industrial Tribunal, made on the 24th June, 1957 on the point of reference whether the dismissal of Shri Puranmal koyal was justified and, if so, to what relief was he entitled.
(2.) The challenge to the award is made on a new and important point. The original order of reference by the Government was made on the 19th April, 1956 to the Fifth Industrial Tribunal for adjudication. While the reference was pending before the Fifth Industrial Tribunal, the Government, by an order dated the 9th March, 1957. withdrew the reference from the Fifth Industrial Tribunal and referred the same dispute on the same point to the Second Industrial Tribunal. The petitioners challenge this order of the 9th March, 1957, withdrawing the reference from the Fifth Industrial Tribunal and making a reference to the Second Industrial Tribunal, as illegal and ultra vires the powers of the Government and of the Second Industrial Tribunal to make such an order on such a reference and to make an award thereupon.
(3.) Before proceeding to consider this argument and before deciding this point, I should like to set out the material portion of the order challenged : "Order No. 774--I. R. D/15L-12-56 of the 9th March, 1957. And whereas under the Government of West Bengal Labour Department Order ................ dated the 19th April, 1956, the said dispute was referred to the Fifth Industrial Tribunal ......... And whereas it is expedient that the said reference should be withdrawn and the said dispute should be referred to another Industrial Tribunal constituted under Section 7 of the Industrial Disputes Act, 1947 ............ Now, therefore, in exercise of the powers conferred by Section 10 of the said Act read with Section 2D of the General Clauses Act, 1897 ........... and in supersession of the aforesaid order ............ dated 19-4-1956, the Governor is pleased hereby to refer the said dispute to the Second Industrial Tribunal .......... for adjudication.";