Judgment

WANCHOO, J. : This group of appeals raises a question about the constitutionality of S. 3 of the United Provinces Industrial Disputes Act, No. XXVIII of 1947 (hereinafter referred to as the Act) and the validity of two general orders passed thereunder on March 15, 1951. The appellants are certain industrial concerns. There were disputes between them and their workmen which were referred for adjudication to industrial tribunals alleged to have been set up under the general orders on March 15, 1951. Certain awards were passed which were taken in appeal by the present appellants to the Labour Appellate Tribunal and they failed there also. They then filed petitions under Art. 226 of the Constitution in the Allahabad High Court challenging the constitutionality of S. 3 of the Act and the validity of the two general orders passed on March, 15, 1951, by which industrial tribunals were set up. The High Court held that S. 3 of the Act was constitutional . It however held that the two general orders dated March 15, 1951, were invalid; but it went on to hold that orders of reference passed in these cases were special orders as envisaged under S. 3 of the Act and were therefore not inv