The specific provisions of clause 23 of the Government order prevail over the general provisions of clause 5(a) in cases where an inquiry is pending before a Conciliation Officer.

Judgment

DAS GUPTA, J. : These two appeals raise the question of the maintainability of an application made by the Employers Association of Northern India, Kanpur, on behalf of the J. K. Cotton Spinning and Weaving Mills Co. Ltd., a member of the Association in connection with the proposed termination of service of certain members of its Watch and Ward Staff. But before we come to the consideration of this question it is necessary to indicate in brief the long and tortuous path this matter has travelled before coming to us. The application of the Employer s Association purported to be under clause 5(a) of the Government order dated March 10, 1948, as amended by a later order of May 15, 1948. This order was issued by the Governor of the United Provinces in exercise of the powers conferred on him by cls. (b), (c), (d) and (g) of section 3 and by S. 8 of the U. P. Industrial Disputes Act, 1947. The application after stating that a number of thefts of Dhoties had taken place in the Mill further stated that it was obvious to the management of the J. K. Cotton Spinning and Weaving Mills Co. Ltd., that this state of affairs could not exist and continue if Watch and Ward Staff were carrying out their duties vigilantly, correctly and honestly. It stated further that the management having lost confidence in the honestly of the Watch and Ward Staff had decided of terminate the services of all the persons of the Watch and Ward Staff and to recruit fresh men from the employment exchange and that in lieu of notice of termination of service the management would pay to these persons 12 days wages in accordance with Standing Order No. 17A. The prayer made in the application was that "the Board be pleased to record the award entitling the J. K. Cotton Spinning and Weaving Mills Co. Ltd. to terminate the services of all the members of the Watch and Ward Staff whose names appear in Anexure A". During the pendency of the application before the Board the applicant withdrew its prayer as regards 5 of the workmen. As regards the remaining workmen, after rejecting the preliminary objection raised on their behalf that the Board had no jurisdiction to entertain the application, the Board held that "it would not be in the interests of either party or in the interest of industry to allow the remaining 27 sepoys to continue in the employment of the Mills" and the Board accordingly made the award permitting the appellants to terminate the services of these 27 sepoys after giving them compensation at the rates set out by it - starting with 15 days full wages and compensation for those with one year of service with additional amount of compensation on a graduated scale for longer periods of service. Against this order both the parties appealed to the Industrial Court. That court agreed with the Board s conclusion on the question of jurisdiction but pointed out that the "procedure adopted by the employers association was defective inasmuch as the mills did not apply to the Regional Conciliation Officer to discharge the sepoys in question." On merits the court held that the evidence justified the conclusion of he Board that the management had lost confidence in the members of the Watch and Ward Staff and that having regard to the Standing Orders their services should be terminated in accordance with the Standing Orders. It accordingly directed in modification of the order made by the Board "that the services of the 27 sepoys in question be terminated in accordance with the Standing Orders and that they would not be paid extra compensation as directed by the Board." The workmen then appealed to the Labour Appellate Tribunal of India. The appellate tribunal held relying on an earlier decision of its own in Kanpur Mill Mazdoor Union v. Employers Association of Northern India, 1952-1 Lab LJ 195 (LATI-Cal) that the application under cl. 5(a) of the Government Order was not maintainable. Accordingly it allowed the appeal and set aside the award of the Board as we