WORKMEN OF THE SOUTH INDIA SAIVA SIDHHANTA WORKS PUBLISHING Vs. GOVERNMENT OF MADRAS

JUDGEMENT

(1.) THIS is a petition by a dismissed workman through his Union to quash the order of the Government dated 14th September 1959 declining to make a reference for adjudication of an industrial dispute relating to the propriety of the termination of his services.

(2.) HE was employed as a Head clerk in the South India Saiva Siddhanta Works, a publishing society. By Its letter dated 9th December 1958, the employer dismissed him from service with effect from the forenoon of 10th December 1958, on the ground that the Managing director of the Society presumed that he had written an article in the "indunesan" dated 24th October 1958, regarding some alleged malpractices in the Society. The cause of the Head clerk was taken by his Labour union and became the subject matter of a dispute which the concerned Labour officer attempted to unsuccessfully conciliate. The labour officer made a report on 10th August 1959 of his failure to conciliate. Thereafter the Government passed the following order with reference to the report. "on a careful examination of the case the Government find that the termination of services of K. P. Muthiah Pillai is justified. The Union may, therefore, advise the worker to accept the sum of Rs. 1034-47 offered by the management towards notice pay and compensation. There is no case for adjudication. "

(3.) IT is this order which is sought to be quashed. But realising that the order of the government is not even a quasi-judicial one, the petitioner has made an application to this Court, viz. , C. M. P. No. 9582 of 1961, praying for an amendment of the petition originally filed and treating it as one for the issue of a writ of mandamus. This petition Is allowed and the writ petition will be considered as one for mandamus.