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1975 Supreme(SC) 257

A.ALAGIRISWAMI, N.L.UNTWALIA, P.K.GOSWAMI
Govind Sugar Mills LTD. – Appellant
Versus
Hind Mazdoor Sabha – Respondent


Advocates:
B.P.MAHESHVARI, B.SEN, D.P.MUKHERJI, J.P.GOYAL, RAGHUNATH SINGH, Suresh Sethi

Judgment

UNTWALA, J.:- This is an appeal by special leave. It is said that by a notification dated 27-4-1961 issued under Section 3 (b) of the U. P. Industrial Disputes Act - U. P. Act XXVIII of 1947 - hereinafter called the Act, the recommendations of the First Sugar Wage Board were directed to come in force with effect from November 1, 1960. Certain Sugar Mills including the appellants are said to have refused to implement the provisions of the notification dated 27-4-1961. This gave rise to an industrial dispute. Eventually the State Government of Uttar Pradesh by its order dated 22-9-1966 refused to make a reference for adjudication of the dispute under Section 4-K of the Act. Respondent No. 1 filed a writ application in the Allahabad High Court under Article 226 of the Constitution of India asking for a writ of certiorari to quash the order of the Government dated 22-6-1966 and a writ of mandamus directing them to make a reference. A learned single Judge of the High Court dismissed the writ application. But the same was allowed in a Special Appeal by a Bench of the High Court. The two appellants approached this Court for grant of special leave. It was granted limited to the q








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