IMPERIAL TOBACO COMPANY OF INDIA LTD Vs. INDUSTRIAL TRIBUNAL III

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India.

(2.) Seven prayers have been made in it but the petition is pressed only with respect to the last-mentioned prayer. It is, therefore, not necessary to state the facts in detail so far as they relate to the other prayers. The last prayer for which the petition is pressed is that an order, direction or writ be issued requiring the opposite party 1 to decide issues 2 and 3 as preliminary issues.

(3.) In order to appreciate the facts leading up to the abovementioned prayer it would be sufficient if it is mentioned that the petitioner is a limited company which employs a large number of persons. In respect of the bonus payable to its employees for the calendar year 1959 an agreement was arrived at between the company and the workers and was implemented by the Government. Then a dispute was raised about the bonus payable to the workers for the financial year 1959-60 and that dispute had been referred by the Government under notification No. 378(LC)/-XVIII-LA-75(MRS)/-1960 dated 12 May 1961, to the industrial tribunal (III), Allahabad, which has been impleaded in the petition as respondent 1. The matter in dispute referred to is: