SUDHINDRA KUMAR DEB AND ORS. Vs. THE STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari and/or mandamus for quashing the order of the Labour Court dated 26 -4 -1958, and for preventing the respondent, the State of Assam from taking any action under its notification dated 10 -4 -1958, whereby it purported to cancel a notification of an earlier date, dated 28 -11 -1957, under Section 33C(2) of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), as amended (hereinafter called the Act).

(2.) IT appears that the petitioner was serving as a head clerk in the Martycherra Tea Estate, which is also a respondent to this application represented by its management. For reasons to which it is not necessary to refer, he was dismissed from service by the Manager of the Tea Estate on 1 -3 -1955. An attempt was made to effect conciliation of the dispute, which followed the dismissal of the petitioner, between the Union to which the petitioner belonged and the Tea Estate in question but it proved ineffective and the Government of Assam by notification dated 25 -7 -1955, referred the matter in dispute for adjudication to the Judge, Industrial Tribunal.

(3.) IT would be convenient to dispose of the second question first, because if Section 33C(2) itself had no application to the matter in dispute between the parties, then obviously the previous notification making a reference to the Labour Court was without jurisdiction, because then, in any case, the Labour Court will have no jurisdiction to determine the matter. Mr. Choudhury for the respondent Tea Estate has relied upon the terms of Sub -section 3(1) of that section to indicate that this was a matter in which the appropriate Government, if satisfied, alone had authority to issue a certificate to the Collector to recover any amount found due.