Judgment

SARKARIA, J.- The principal question that arises in this appeal by special leave is: Whether an order of the Labour Court to the effect, that since no demand of the workmen had been served on the employer, no industrial dispute had come into existence in accordance with law, and as such the Reference was invalid and the Court had no jurisdiction to adjudicate the matter referred to it by the Government, is an "award" for the purposes of S. 19 of the Industrial Disputes Act, 1947 (for short. called the Act)?

2. Cox & Kings (agents) Ltd. (for short, the Management) dismissed from service three of their workmen after a domestic enquiry conducted against them on certain charges.

3. In May 1967, the Lt. Governor of Delhi made a Reference under S. 10 read with S. 12 (5) of the Act to the Labour Court, Delhi, to determine:

"Whether the terminations of services of S/Shri H. B. Rawat, Bidhi Cahand and Ram Sarup Gupta were unlawful and unjustified, and if so, to what relief are these workmen entitled."

4. By an amendment of their written statement in February, 1969, augmented by an application dated 17-3-1971, the Management raised a preliminary objection that since no demand notice had