Validity of award by Tribunal.

Subba Rao, J.-This is a revision against the order of the Additional District Magistrate, Mathurai, in C.C. No. of 1947 overruling the preliminary objections raised by the petitioners.

The accused are the directors of the Mahalakshmi Textile Mills, Ltd., Pasumalai, Mathurai. Accused 1, 4 and 5 are partners in Messrs. S.S.N. Lakshmanan Chettiar and Company, who are the managing agents of the said Mills. In G.O. No. 1629 (Development) dated 15th April, 1947 the Government appointed an Industrial Tribunal to adjudicate upon the industrial disputes existing between the workers and the management of the textile mills in the Madras Province. After enquiry the tribunal gave an award increasing the emoluments of the workers and the same was accepted by the Government in G.O. No. 3080 (Development) dated 15th July, 1947. A copy of the award was duly communicated to the management of the accused’s mill for implementation. As they have not implemented the award the Government of Madras authorised the District Magistrate, Mathurai, to prosecute the management of the Maha-lakshmi Textile Mills Ltd. Accordingly, the District Magistrate, Mathurai, filed a complaint against the accused under Section 29 of the Industrial Disputes Act, 1947.

The accused raised two preliminary objections namely, that the tribunal had no jurisdiction to pass the award, and also that the sanction given by the Government for prosecution was invalid.

The Additional District Magistrate, Mathurai, overruled the objections. The accused have preferred the Criminal Revision Petition against that order.

Mr. Alladi Krishnaswami Aiyar has raised two contentions before us:

(i) that the award passed by the tribunal was without jurisdiction as the reference made to it by the Government was invalid;

(ii) that the sanction given by the Government for the prosecution was contrary to the provisions of Section 34 of the Industrial Disputes Act, 1947.

To appreciate the first contention, it is necessary to notice the G.O., M.S. No. 1629 (Development) dated 15th April, 1947 issued under section 10(i) of Act XIV of 1947 referring the disputes to the tribunal. It reads:

"Whereas Industrial disputes have arisen between the workers and managements of certain textile mills in the Province of Madras and Industrial disputes are apprehended in the rest of the textile mills in the province in respect of certain matters;

" And whereas in the opinion of His Excellency the Governor of Madras, it is necessary to refer the said industrial disputes for adjudication:

Now, therefore, in exercise of the powers conferred by section 7(i) and (2) read with section 10(1) (c) of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), His Excellency the Governor of Madras hereby constitutes an Industrial Tribunal consisting of one person, namely, Sri Rao Bahadur M. Venkataramayya, retired District and Sessions Judge, and directs that the said industrial disputes be referred to that Tribunal for adjudication."

It is not necessary to consider the argument of the learned counsel as regards the validity of the notification in great detail as the validity of a Notification similar in terms was considered by this Court in O.S.A No. 69 of 19481. The Notification in that case was in, the following terms:

" Whereas industrial disputes have arisen between the workers and managements of certain Engineering firms and Type foundries in the Province of Madras and whereas industrial disputes are apprehended in the rest of the Engineering firms and type foundries in respect of certain matters; ......in exercise of the powers conferred by section 7(1) and (2) read with section 10(1)(c) of the Industrial Disputes Act, 1947.......His Excellency the Governor of Madras hereby constitutes an Industrial Tribunal consisting of one person, namely, Sri T. D. Ramayya Pantulu.....and directs that the said industrial disputes be referred to that Tribunal for adjudication."

A comparison of that Notification with the Notification in quest