This is a petition for the issue of a writ of certiorari to quash an order of the Labour Court, Coimbatore, passed in an industrial dispute between the petitioner - the management of Thambi Motor Service, Salem and the workers.

The industrial dispute related to matters concerning two workers, Irrusappan and Manickam. The workers had been in the service of the petitioner-management from about 1951. While so their service had been terminated in July, 1955, for alleged misconduct. Thereafter the Union raised an industrial dispute which in the first instance went before the Labour Officer for conciliation. As a result of the good offices of this Official a settlement was brought about under which the two workmen were re-entertained in service as and from 21st September, 1956. This agreement specifically mentioned that the workers were taken back without the benefit of back wages. Subsequently these two workers were retrenched from service. The propriety of this retrenchment was challenged by the Union who raised a dispute and as no conciliation could be effected by the Labour Officer the matter was placed before the Government.

On 31st October, 1957, the Government of Madras, referred the industrial dispute between the petitioner-management and the second respondent Union for adjudication to the Labour Court, Coimbatore. The Annexure to this Government Order set out the dispute in the following terms. "What retenchment compensation, if any, are the workers Irusappan and Manickam entitled to? " From the terms of the reference it would follow that the only point for adjudication by the Labour Court was the quantum of compensation to which the workers would be entitled, which could only be on the basis that the retrenchment was justified. This reference was received by the Labour Court on 6th November, 1957, and by notice, dated 10th November,, 1957, the management and the Union were directed to file their statements.

When the Union was apprised of the terms of the reference, a communication was addressed by it to the Government on 9th November, 1957, requesting that Government might consider their previous reference and modify the same so as to enable the Labour Court to adjudicate, upon the propriety or justification of the retrenchment, which their original reference precluded the Labour Court from doing. The Government, however, by their order, dated 15th November, 1957, informed the Union that they saw no reason to modify the terms of the reference, and that their original reference would stand. The Union, however, did not drop the matter but made a further representation on 19th November, 1957, to the Government. In view of the correspondence with the Government, the Union did not file the statements which were required to be filed by the Labour Court and the matter was thus dragging on. Finding that the representations to the Secretary to the Government did not result in a modification of the terms of reference, the Union addressed a communication straight to the Labour Minister on 18th November, 1957. This bore fruit and on 12th December, 1957, the reference to the Labour Court was amended and the dispute referred as amended was directed to read:" Whether the retrenchment of cleaners, Irusappan and Manickam was justified and to what relief they are entitled and to compute the relief in terms of money if it can be so computed?‘‘

The union filed their claim statement on 23rd December, 1957 and as by that date the reference had been amended the points urged related mainly to the justification or the propriety of the retrenchment.

In the counter-statement filed by the management, the legality of the order of the Government in amending the reference already made was challenged, and it was submitted that the same was beyond the jurisdiction of the Government on a proper interpretation of section 10 of the Industrial Disputes Act. There were other points raised about the merits of the petitioner’s claim to which I shall advert la