SRINIVASAN, J

Per Srinivasan, JOn June 17, 1985, the Joint Action Council comprising of representatives of Central Trade Union organisations issued a notice under Section22 of the Industrial Disputes Act together with a charter of demands numbering 27 to almost all the textile mills in Tamil Nadu State seeking revision of wages, dearness allowance and several other benefits and announcing that the workers of all the textile mills in the State would commence a general strike on July 16, 1985. As there was no compliance with the demands by the managements of the mills, conciliation proceedings were taken up by the Deputy Commissioner of Labour in the first instance and later by the Commissioner of Labour. In the course of such proceedings some of the managements represented by South India Mills Association (referred to as SIMA), National Textile Corporation (referred to as NTC) and Co-operative Spinning Mill put forward counterdemands relating to fixation of workload after scientific evaluation, wage revision linked to production, etc.,

2. The Conciliation Officers reported failure under Section12(4) of the Industrial Disputes Act (hereinafter referred to as 'the Act') on July 12, 1985 to the State Government. That led to the issue of five Government orders bearing numbers 1395 to 1399 on 15th July, 1985. By the first G.O., the Government referred for adjudication to the Industrial Tribunal, Madras the dispute relating to some of the demands made on behalf of the workers as set out in the annexure thereto under Section 10(1)(d) of the Act. By the second order, the Government refused to refer for adjudication the matters set out in the annexure thereto which again related to the demands made on behalf of the workers. The third order pertained to the counter-demands made by the managements some of which were referred for adjudication. The fourth order listed the counter-demands of the managements with respect to which the Government refused to refer for adjudication. By the fifth order, the Government in exercise of its powers under Section10-B of the Act granted some interim benefits to the workers and directed the managements to make payments accordingly.

3. By G.O. Ms. No. 1647, Labour, 12th August, 1985, the Government constituted a Special Industrial Tribunal and appointed Thiru K. B. Varadan as the Special Tribunal for a period of six months to adjudicate the disputes referred under G.O.Ms. Nos. 1395 and 1397. The disputes were transferred to the file of the Special Industrial Tribunal and numbered as I.D. Nos. 1 and 2 of 1985. By G.O.Ms. No. 1771, dated the 21st August 1985, the Government referred the disputes between the workmen and the managements of the textile mills having 2, 000 spindles and more and manufacturing higher than 10 counts among the Mills mentioned in Annexure II of the order with respect to nine issues set out in Annexure I thereto. That was taken on file as I.D. No. 3 of 1985 by the Special Tribunal. On the same day, another G.O. bearing No. 1772 was issued directing the reference of the dispute relating to textile mills having 2, 000 spindles and less and manufacturing counts 10 and below with reference to ten issues set out in the Annexure to the said order. That was taken on file as I.D. No. 4 of 1985 by the Special Tribunal. By G.O. Ms. No. 2041 dated 20th September 1985, the Government referred four more issues for adjudication in I.D. No. 1 and 3 of 1985 and that was taken on file as I.D. No. 5 of 1985.

4. In the Annexures to the Government orders, the names of the mills with reference to which orders of reference were made and orders under Section10-B of the Act were furnished and the list pertaining to I.D. Nos. 1, 3, 4 and 5 was the same. It contained the names of 579 mills. The Madras Labour Union and the B. & C. Mills Staff Union filed W.P. No. 10409 of 1985 on the file of this Court for a mandamus to be issued to the Government of Tamil Nadu to include B. & C. Mills in the reference