- (1.) This is a petition under Art. 226 of the Constitution by Birla Cotton Spinning and Weaving Mills Limited (to be hereinafter referred to as the Birla Mills) and the respondents to the petition are the Additional Industrial Tribunal of Delhi, the Delhi State, and the Workers of the Birla Mills, respectively Nos. 1 to 3. The petition has arisen out of the award, dated 25-6-1955, of Additional Industrial Tribunal of Delhi on a dispute arising between the petitioner and its workers.
(2.) An industrial dispute having arisen between the petitioner and respondent No. 3, it came before the Conciliation Officer, and in consequence of his report the Chief Commissioner of Delhi proceeded to make reference of the dispute under Ss. 12 (5) and 10 of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), by a notification of 27-10-1953. The notification states that the Chief Commissioner was satisfied on the report of the Conciliation Officer than industrial dispute between the parties existed. At the end of the order it is signed by the Secretary to the Delhi State Government and it stated 'By Order'. It appears that subsequently respondent No. 3 applied to the Government for correction or rather amendment of some of the terms of the reference on the allegation that they were vague. Consequently an amendment of the original notification (annexure 'A') about the reference was issued by another notification (annexure 'B') of 22-4-1954. In the second notification there is no reference to the Chief Commissioner of Delhi but the notification is under the signatures of an Under Secretary to the Delhi State Government signed 'By Order'. It is not necessary to refer to the terms of reference in the dispute because I will show later on that the dispute at this stage has narrowed down to the case of 26 mechanical workers only as regards the fixation of their wages by the award of the Additional Industrial Tribunal. The award was made on 25-6-1955. The Birla Mills appealed against the award to the Industrial Appellate Tribunal on 23-7-1955 and in the same month respondent No. 3 also filed an appeal against the award to the same Appellate Tribunal. It appears that the Industrial Appellate Tribunal refused an application on behalf of the Birla Mills staying the award. Thereupon the Birla Mills filed the present petition on 6-9-1955.
(3.) In the petition the petitioner has impugned the vires of S. 10 of Act No. XIV of 1947 and it has also attacked the validity of the notifications, annexures A and B., on the grounds (a) that the same were not issued by the authority having jurisdiction, (b) that the notifications are signed by an authority which is not the appropriate Government within the scope of S. 2(a)(i) or the State Government within the scope of S. 2(a)(ii) of Act No. XIV of 1947, and (c), that the notifications were not issued in the name of the President and that the same could not be issued in the name of the Chief Commissioner. Apart from this award itself was challenged on various grounds on merits and the grounds that is at this stage material is that in so far as the 26 mechanical workers are concerned it awards wages to them in excess of their demand and to that extent is without jurisdiction. There are various other details given in the petition attacking the award on merits but it is not necessary to state them here.;