HONGKONG AND SHANGHAI BANKING CORPORATION Vs. BHAIDAS PRANJIVANDAS

JUDGEMENT

(1.) This is a petition filed by the Hong-kong & Shanghai Banking Corporation, a banking company, which has its registered office in Bombay, for the following relief;-that the Court do issue a writ of prohibition against the resps. prohibiting them from continuing the proceedings by making an application under Section 20, Industrial Disputes (Appellate Tribunal) Act, or otherwise howsoever executing or enforcing or attempting to execute or enforce the award.

(2.) The petition was filed against two persons, Bhaidas Pranjivandas Dalai & Narayan Dharmaji Todankar, who were impleaded on behalf of themselves & all other employees of the petitioners employed at the Bombay branch establishment & interested or claiming the benefits of the award of the All India Industrial Tribunal (Bank Disputes) dated 31-7-1960.

(3.) The material averments made in the petition may be shortly stated. By a Notification dated 13-6-1949, the Central Govt. in exercise of the powers conferred by 8. 7, Industrial Disputes Act, 1947, constituted an Industrial Tribunal 'for adjudication of disputes in banking companies', & by an order of reference dated 13-6-1939, reciting that an industrial dispute had arisen between the banking companies mentioned in Sch. I to the Order which included their branches & their employees, in respect, so far as the Central Govt. was aware, of the matters specified in Sch. II to the said Order, referred the industrial dispute for adjudication to the Industrial Tribunal. By a notification dated 12-8-1949, the Central Govt. directed that the order of reference dated 13-6-1949, be amended by insertion of the words 'or is apprehended' after the words 'whereas an industrial dispute has arisen' in the opening recital of the order of reference. The Industrial Tribunal made & signed its award on 31-7-1950, which was published in the Gazette of India on 12-8 1950. It was claimed that for diverse reasons mentioned in the petition the award of the Tribunal was either without jurisdiction, or that the Tribunal acted in excess of its jurisdiction. By reason of the provisions of Section 17A(1), Industrial Disputes Act the award of the Tribunal became enforceable on 12 9 1950, & it was apprehended that the resps., the employees of the petitioner, would apply to the appropriate Govt, for enforcement of the award under Section 20, Industrial Disputes (Appellate Tribunal) Act, 1950. The petitioners, therefore, applied for the issue of a writ of prohibition against the resps.