The government has the power to rectify a mistake in an order referring a dispute to an industrial tribunal, and the decision of the Supreme Court in The State of Bihar Vs. D.N. Ganguly and Others, AIR 1958 SC 1018, which dealt with the cancellation of a reference order by the government, is not applicable in such cases.

JUDGMENT :

CHINANI, J.

1. The facts giving rise to this appeal are that on 21 May 1958, the workers employed by respondent 2, the Associated Cement Companies, Ltd., hereinafter referred to as the company, presented a charter of demands to. the company. The demands were made on behalf of the workers by the secretary of the union, respondent 1. On 23 May 1959, five out of the twenty-six demands were referred to the industrial tribunal consisting of Sri M.R. Meher, u/s 10 of the Industrial Disputes Act. One of the demands, which had been made, was for a reduction in working hours. The demand, which had been made, was as follows:

Office time or working hours,--Working hours shall be from 10-30 a.m. to 5-30 p.m. on week days with one hour recess and on Saturdays, the working hours shall be from 10-30 a.m. to 1-30 p.m.

2. This demand was not referred to the industrial tribunal. On 23 June 1959, a letter was addressed by Government to the general secretary of the union, in which the reasons for refusing to refer this demand to the industrial tribunal were given as follows:

Hours of work.--It is for the management to fix the working hours within the limits laid down in the Bombay Shops and Establishments Act. A similar demand was rejected by the tribunal earlier.

3. On 23 November 1959, the company gave a notice of change, by which they proposed to increase the working hours from 34 hours to 37 hours per week. The change proposed was as follows:

It is proposed to increase the hours of work of the office from 34 hours per week to 37 hours per week. Accordingly, the office timings from 15 December 1959 will be as follows:--

The union objected to this change. At the end of their letter, dated 25 November 1959, the union suggested to the company that if it wanted to Increase the working hours, it should approach the Government for a reference of the dispute to an Industrial tribunal for adjudication. On 7 December 1959, the company represented to Government and requested that the change, which they proposed to make in the working hour; should be referred to the adjudication of Sri Meher. It appears that this letter of the company was put up for orders to the Minister for Labour. He made an endorsement on it that a reference should be made. On 12 December 1959, an order was Issued by Government u/s 10 of the Industrial Disputes Act, by which the dispute mentioned in the schedule as the order was referred to the industrial tribunal consisting of Sri Meher constituted under the notification issued previously on 12 March 1957. Instead of referring to the demand made by the company for increase in working hours, the schedule referred to the demand, which the workers bad made, for reduction in the working hours. On the same as; on which this order was issued, a letter was written to the company, In which the company was Informed that the dispute regarding working hours had been referred to the industrial tribunal. A letter was also addressed to the secretary of the union, in which, after making a reference to the previous letter of 23 July 1959, by which the union had been informed about the Government's refusal to refer their demand for reduction In the working hours to the industrial tribunal, it was stated that on reconsideration the Government had decided to refer the dispute to the industrial tribunal. This letter undoubtedly suggested that the Government, had reconsidered the matter and bad decided to refer for adjudication the demand made by the workers for reduction In the working hours. The company appears to have discovered the mistake and on 14 December 1959, a letter was addressed by the company to the Minister for Labour, in which it was pointed out that instead of their demand being referred for adjudication, the demand ma