- (1.) This is a petition under Article 226 of the Constitution in which it is sought to obtain an appropriate writ or direction from this Court to the effect that an award made by the Industrial Tribunal on 1st December, 1956 ordering reinstatement of respondent No. 3 and payment of back wages etc., is not enforceable against the petitioner-society.
(2.) It appears that previously there was a society by the name of Gurgaon Cooperative Transport Society Ltd. Certain disputes arose between that society and its employees which were referred to the Industrial Tribunal for adjudication in March 1955. There have been certain differences among the members of the Gurgaon Co-operative Transport Society itself and for that reason an application had been made to the Registrar, Co-operative Societies, for dissolution and cancellation of the aforesaid society. On 7th December, 1955 the Registrar ordered the cancellation of the Gurgaon Co-operative Transport Society. It further appears that the members of the aforesaid society formed themselves into two groups, and got themselves registered under the provisions of the Punjab Co-operative Societies Act, 1954. One group was registered as the Modern Co-operative Transport Society Ltd., and other group was registered as the Model Co-operative Transport Society Ltd., but before the permission for dissolution of the Gurgaon Co-operative Transport Society was given by the Registrar, a resolution was passed by that Society on 15th November, 1955 in the following terms: "All the previous employees have filed a case in the Tribunal for their rights. Whatever the final decision of the Tribunal shall be, both the societies shall be responsible to pay the dues of their respective employees in accordance therewith. Moreover, both the societies shall look after the service rights of the previous employees."
(3.) While the industrial dispute was pending between the Gurgaon Co-operative Transport Society and its employees, the services of Sardara Singh, one of the drivers, were terminated on 4th April, 1955. He filed a complaint under the provisions of section 33A of the Industrial Disputes Act, 1947, before the Tribunal. His complaint was decided by means of the award dated 1st December, 1956. The Tribunal after considering the evidence came to the conclusion that the services of the complainant had been terminated as alleged by him without any lawful excuse. It was directed that he should be reinstated on his old job with continuity and without any change in the conditions of his service. It was further directed that the management shall pay him the basic wage plus dearness allowance that he was getting on the date of the termination of his service from the date of dismissal to the date of reinstatement. The present petition was filed by the Modern Co-operative Transport Society Ltd., which consisted of one group of members of the erstwhile Gurgaon Co-operative Transport Society. It is, however, the case of the aforesaid society that it had also another member who was not a member of the Gurgaon Co-operative Transport Society. The present petition was filed on 5-3-1957 and it is stated in paragraph 9 of the petition that the State of Punjab through its agent, namely, the Labour Inspector, was making a demand on the petitioner-society to comply with the terms of the award. He had approached the petitioner-society and had asked it to reinstate Sardara Singh respondent No. 3 and also to pay the amount due from the Gurgaon Co-operative Transport Society under the award given by the Industrial Tribunal. It is further stated that the Labour Inspector threatened the petitioner with consequences of incurring risk of prosecution and recovery of the money as arrears of land revenue. It was for this reason that this Court was approached.;