Maintainability of the challenge by the management.

Order.- This is a petition for the issue of a writ of certiorari to quash the order of the Additional Labour Court, Madras in I.D. No. 92 of 1971. The facts leading to the filing of this writ petition are as follows: The first respondent was the President of the petitioner-society till 30th June, 1969. He was also the editor of a Daily which is a publication of the petitioner. The second respondent was the news-editor of that Daily. The first respondent was removed from the office of President of the Society and one Sourirajulu was elected as the President. It appears that there was no love lost between the new president and the two respondents. Ultimately it led to some disciplinary action by the petitioner against the respondents and an enquiry officer was appointed by the petitioner. But, unfortunately the enquiry officer could not conclude his enquiry which was, according to the petitioner, due to the unhelpful attitude of the respondents. In view of the report of the enquiry officer, the management demoted the respondents to a lower post. But the respondents failed to report to duty on and from 22nd June, 1971 which ultimately led to their dismissal on 28th June, 1971. The dispute about their dismissal and non-employment was the subject-matter of conciliation proceedings and on the failure report, the Government referred the dispute to the Labour Court by its order dated 20th July, 1971. The issue referred to reads as follows:-

“Whether the non-employment of O.Ramalingam and M. Shanmugavel is justified, and if not, to what relief they were entitled to; and

(b) to compute the relief, if any to be awarded in terms of money if it could be computed.”

The above reference was taken on file by the Additional Labour Court, Madras, in I.D. No. 92 of 1971. On 18th July 1973, a compromise memo, was signed by the counsel for parties. The compromise memo reads as follows:

“A. The management is agreeable to rescind the order of termination dated 30th June, 1971 terminating the service of Messrs. O. Ramalingam and M. Shanmugavel on the understanding that the latter would not press for reinstatement but would be willing to take compensation in lieu of reinstatement.

B. The quantum of compensation in lieu of reinstatement, would be decided by the Additional Labour Court.

C. The reliefs to be granted to Mr. O. Ramalingam would be decided by the Additional Labour Court after the disposal of W.J. No. 3 of 1972.

D. Both the parties agree to apply to the Government or the Additional Labour Court for transferring the W.J.No. 3 of 1972 to the file of the Additional Labour Court from the file of the Principal Labour Court so as to decide the question of relief to be granted to O. Ramalingam.”

This compromise memo, was filed before the Additional Labour Court, Madras. It may be mentioned that W.J. No. 3 of 1972 which is referred to in the compromise memo, related to the payment of dearness allowance to the first respondent which was pending before the Principal Labour Court, Madras. In pursuance of this compromise, on a petition filed by the respondents, the Government, in G.O.Ms. No. 696 dated 30th October, 1973. transferred W.J. No. 3 of 1972 from the Principal Labour Court, to the First Additional Labour Court, Madras. For giving effect to the compromise and for deciding the compensation to be paid in lieu of reinstatement, an enquiry was conducted by the Additional Labour Court. The enquiry was held on 15th December, 1973 when the first respondent was examined as a witness. Number of documents were filed on behalf of the respondents. On behalf of the petitioner also three exhibits were filed. Oral arguments were addressed on 22nd December, 1973 and the award was made on 26th December, 1973. The award was published on 10th January, 1974. It is to quash this award the present writ petition has been filed.

2. Though the petitioner had raised a number of objections in the affidavit, the learned counsel for the petitioner, before me, confined himself to f

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