EMPLOYERS IN RELATION TO MANAGEMENT OF TIMBLO PVT LTD , MARGAO Vs. N K VANI

JUDGEMENT

(1.) This is an application under Arts. 132 (1) and 133 (1) (c) of the Constitution for a certificate that the case is fit for appeal to the Supreme Court.

(2.) Writ Petition filed by the applicant Company against the Award of the Industrial Tribunal was dismissed by this Court on 13-10-75. Learned counsel for the applicant sought the certificate on three grounds. First is that the effect of the withdrawal of a special leave petition filed before the Supreme Court under Art. 136 (1) of the Constitution of India, on a writ petition filed subsequently under Arts. 226/227 of the Constitution is a question relating to the interpretation of the Constitution. Secondly the distinction made by this Court while applying the various decisions of the Supreme Court and other High Courts to the facts of this case was improper and the weight of judicial authority was in favour of the applicant. Thirdly the Tribunal had acted contrary to the principles of natural justice in observing that the applicant was capable of absorbing the additional burden. This inference was drawn by the Tribunal on the basis of some entries in the balance sheet of the company and this Court also did the same without any pleadings by the respondents to that effect. In this way the question whether the unit was capable of bearing the burden of additional wages recommended by the Wage Board and could be asked to implement the recommendations or not is a substantial question of law of general importance and needs to be decided by the Supreme Court.

(3.) On the first point canvassed by the learned counsel for the applicant relating to the effect of dismissal on withdrawal of a special leave petition under Art. 136 (1) of the Constitution, this Court did not express any opinion nor decide the writ petition with reference to the withdrawal and dismissal of the special leave petition by the applicant. This petition has been decided on merits only and therefore this is not a ground on which a certificate of fitness under Article 132 of the Constitution can be granted.