The first proviso to S. 10(1)(d) of the Industrial Disputes Act, 1947, applies to disputes relating to matters specified in the Third Schedule and which are not likely to affect more than one hundred workmen.

Judgement

SIKRI, J. : This appeal by special leave is directed against the Judgment of the Mysore High Court in Writ Petition No. 1096 of l961 by which the High Court allowed the Writ Petition and squashed the impugned award dated Jam 30, 1961, made by the Labour Court, Bangalore, in Reference No. 51 of 1960. In order to appreciate the points raised before us it is necessary to give the relevant facts.

2. The second appellant before us R. Mahalingam, was engaged as a Foreman in the workshop of Sri Rangavilas Motors (P) Ltd., the first respondent, hereinafter referred to as the Company, in the month of April, 1956. By an order dated January 21, 1960, Mahalingam was transferred from Bangalore to Krishnagiri where the head office of the Company is situated. Mahalingam entered into correspondence with the Company alleging that according to the conditions of his employment he could not be transferred from Bangalore to Krishnagiri. Ultimately, the Company framed charges against Mahalingam and removed him from service by an order dated April 7, 1960. On April 8, 1960, Mahalingam complained in writing to the Assistant Commissioner of Labour who was functioning as the Conciliation Officer at Bangalore. Later on, one Selvaraj took part in the conciliation proceedings on the authority of the resolution dated July 21, 1960, passed at the General Body meeting of Krishnagiri Motor Workers Union, among whose members 112 out of 170 were employees of the Company. Selvaraj filed a statement of claims before the Conciliation Officer on September 1, 1960. The Conciliation Officer reported to the Government that the conciliation proccedings had failed and thereupon the State Government by its order dated November 1, 1960, made in exercise of the powers conferred by cl. (c) of sub-s. (1) of S. 10 of the Industrial Disputes Act, 1947 (XIV of 1947) - hereinafter referred to as the Act - referred for adjudication by the Labour Court, Bangalore, the following points in dispute :

"1. Whether the order of the management of Sri Rangavilas Motors (Private) Ltd., in transferring the workman Sri R. Mahalingarn Foreman, from their branch at Fort, Bangalore, to Krishnagiri, is illegal or unjustified. If so, is the workman entitled to reinstatement in Bangalore Branch with benefits of back wages or to any other relief ?

2. Is Sri R. Mahalingam, Foreman, entitled to arrears of increments and overtime wages, if so, what is the amount he is entitled to ?"Selvaraj, inter alia, prayed in his statement of claims, filed on behalf of Mahalingam, as follows:-

" ........it is prayed that the Hon ble Court may be pleased to direct the second party (the Company to cause the payment of overtime wages due, increments due (as mentioned in the annexure to this statement) as also the arrears of wages from 1st February 1960 to 15th March 1960 and order payment of back wages with effect from the date of termination of service by setting aside the said order of termination and to reinstate the workman with continuity of service."

3. The Company, in reply. contended that the reference was limited only to the question of transfer, and hence no question of reinstatement or hack wages could be adjudicated upon. Further, the Company contended that the reference was bad because it did not fall under any of the items enumerated in the Second Schedule to the Act. It was also contended that the dispute was an individual dispute. One further objection was raised to the effect that the reference should have been made to the National Tribunal and not to the Labour Court.

4. The Labour Court overruled all the objections regarding jurisdiction raised by the Company and made the award holding that both the transfer as well as the removal from service of Mahalingam were illegal and that he was entitled to overtime wages as well as increments. The Labour Court made the following further direction :

" The workman Sri Mshalingam should be reinstated in Bangalore branch with full back wages in continuity of