Muni Lal Verma, J. - (1.) THE Management of the Fertilizer Corporation of India Ltd., Nangal Unit, Naya Nangal, has moved this petition under Article 226 of the Constitution for the writs to quash the order of reference, dated 8th October, 1973, made by Shri Hari Ram, Labour Commissioner, on behalf of the State of Punjab, to the Industrial Tribunal, Punjab, Chandigarh, (hereinafter referred to as the Tribunal) for adjudication of the dispute regarding the alleged termination of services of Shri M.M. Singh Cheema, Charge -man Chemist to direct the State Government to publish the award of the Tribunal given in reference No. Ill of 1971, and to prohibit the Tribunal from proceeding with reference No. 104 of 1973, on the grounds stated in the writ petition.
(2.) THE facts, which emerge out of the material on record and the arguments which were addressed at the bar, are that Shri Cheema was in the employment of the Petitioner till 26th August, 1967, when his services came to close. According to the Petitioner, he (Shri Cheema) abandoned the service, but according to Shri Cheema, his services were terminated illegally by the Petitioner. Therefore, Shri Cheema, after an attempt for conciliation, etc., approached the State Government, as a result of which reference was made by the State Government to the Tribunal and the said reference was registered at No. 28 of 1969 (for convenience sake hereinafter to be referred to as the first reference). The said reference was decided on 3rd June, 1971. Dissatisfied with the said award, Shri Cheema served demand notice on the Petitioner and when he could not obtain any relief from the Petitioner, he approached the State Government, as a result of which the State Government made reference, which was registered at No. 111 of 1971 by the Tribunal. The said reference will hereinafter be referred to as the second reference. The said reference was decided by the Tribunal on July 25, 1972. The decision given by the Tribunal has, however, not been published so far. The State of Punjab then made another reference on 8th October, 1973, relating to the dispute between Shri Cheema and the Petitioner to the Tribunal and the said reference was registered at No. 10 £ of 1973. Alleging that it was mandatory for the State of Punjab (Respondent No. 1) to publish the award given by the Tribunal on July 25, 1972, in the second reference and it (the Respondent No. 1) could not withhold it, and in view of the said award, the third reference made by Respondent No. 1 on October 8, 1973, was without jurisdiction and void, the Petitioner has prayed for the writs of mandamus, certiorari and prohibition for the reliefs; stated above. Shri B.N. Kapur; Personnel Manager -cum -Administrative Officer of the Petitioner has filed affidavit in support of the allegations made in the writ petition. The petition has been resisted by Respondents 1, 2 and 3. They have not controverted the material facts, but pleaded, inter alia, that the decision in the second reference was not an award. The facts, that Shri Cheema was employed by, the Petitioner and his name was removed from the rolls and three references were made by the State of Punjab, are not disputed. It is, however, pleaded that the name of Shri Cheema was not removed but his services had been terminated by the Petitioner and that the decision given by the Tribunal in the second reference did not constitute award. Shri Cheema as well as Shri Hari Ram, Labour Commissioner, have filed affidavits by way of returns. I have heard the arguments and examined the material on record.
(3.) IT is not disputed that Shri Cheema's services came to close on 26th August, 1967, and three references, indicated above, had been made by the State of Punjab, out of which the first and the second references had been decided and the third reference is pending with the Tribunal.;