JUDGMENT - 1. This is an application under Articles 226 and 227 of the Constitution of India challenging the Award Part I made by the opponent No. 2, as the Industrial Tribunal of Bombay, in the dispute which was referred to him under Section 10(1)(d) of the Industrial Disputes Act, 1947, between the petitioner, who is the Sirur Municipality (A District Municipality functioning under the Bombay District Municipal Act, 1901), and opponent No. 1, who are its employees represented by the Poona Mazdoor Sabha. The Award was submitted by the opponent No. 2 to the Government on 20th April 1959 and was published in the Bombay Government Gazette, Part I-L, on 21st May 1959.

2. The dispute related to the pay-scales, allowance, leave, etc. of the employees of the petitioner and the categories of employees mentioned in the order of reference were as follows :

(i) Municipal Secretary.

(ii) All Clerks except Naka Clerk.

(iii) Municipal Fitter.

(iv) Assistant Fitter, Lamp Lighter.

(v) Municipal Checker.

(vi) Naka Clerk, Sanitary Mukaclam.

(vii) Peon, Road Mazdoor, Oilman and Rat Destroyer.

(viii) Sweepers and Scavengers.

(ix) Maid Servant.

(x) Nurse.

Before the Tribunal a preliminary objection was raised by

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