Judgment

MITTER, J. : These are three appeals from an award, dated July 31, 1963 made by the Special Industrial Tribunal, Madras. At the time when the reference was made, the parties to this dispute were on the one hand, the workers and the staff and the working journalists employed under the Express Newspapers (P) Ltd. and on the other hand, the private limited company called the Express Newspapers (P) Ltd. The latter, hereinafter referred to as the Company, owned and published newspapers and periodicals from Madras. These may be split into three groups. The first group comprised of the Indian Express (daily), Sunday Standard (weekly) and Screen (weekly) : all these were published in English The second group consisted of Andhra Prabha (daily) and the Andhra Prabha Illustrated Weekly (weekly) : these were published in Telugu language The third group consisted of two papers, Dinamani (daily) and Dinamani Kadir (weekly): these were in Tamil language. One Ramnath Goenka was the Chairman of the Board of Directors of the company incorporated in 1946. He was also one of the directors of Express Newspapers Ltd. which owned and controlled a press and paper at Delhi. The group of news papers at Madras does not seem to have prospered much before l956. It started making sizable profits from that year.

2. The reference which was made by the Government of Madras on April 30, 1959 under S. 10 (1) (d) of the Industrial Disputes Act contained two questions :

(1) Whether the transfer of the publication of "Andhra Prabha " and "Andhra Prabha Illustrated Weekly" to "Andhra Prabha (P) Ltd.," in Vijayawada is justified and to what relief the workers and the working journalists are entitled ?

(2) Whether the strike of the workers and working journalists from 27th April 1959 and the consequent lockout by the management of the Express Newspapers (P) Ltd are justified and to what relief the workers are entitled ?

This was later transferred by an order, dated November 3, 1962 to the Special Industrial Tribunal which has made the award. Before that date, however, the matter had come up to this Court in appeal from Writ Petitions filed in the Madras High Court on the 1st May 1959 and 5th May 1959 challenging the validity of the order made under S. 10 (3) and the jurisdiction of the Industrial Tribual to adjudicate upon the dispute on the ground that there was no lockout but a closure of the company s business. This Court in the Management of Express Newspapers Ltd. v. Workers and Staff, 1963 (3) SCR 540 held that the preliminary enquiry as to jurisdiction should be made by the Industrial Tribunal itself taking into account all facts which are relevent and material.

3. On the application of the workmen for addition of parties, the Andhra Prabha Ltd.? the Indian Express Newspapers (Madurai) Ltd., and the Express Newspapers Ltd., a public company were added as parties before the Special Tribunal.

4. As the dispute which the Special Tribunal had to adjudicate upon was not the first of the kind between the company and its workers, it is necessary to take note of a few facts which are to he found in the judgment of this Court, dated August 2, 1962 mentioned above. This narration, according to the Court in the former judgment forms the background of the present dispute between the parties. In March 1957, a dispute arose between the parties on certain points including bonus. This was referred industrial adjudication ending in an award in 1957. In March 1958 the company notified its intention to retrench 69 work men and this led to another dispute which was referred for adjudication. The unions made certain complaints to the State Government which led to the intervention by the Home Minister of the State but without any success. On October 30, 1958 the company gave notice to the workmen and working journalists that it was going to close down its business at Madras with effect from December 1, 1958 on the allegation inter alia that there were persistent labour troubles.