BALAKRISHNA AYYAR, SUBBA RAO
P. G. Brookes, Receiver appointed by the Trustees for the mortgagee-debenture-holders of the Madras Electric Tramways – Appellant
Versus
The Industrial Tribunal, Madras – Respondent
This is an application under Article 226 of the Constitution of India for issuing to the Industrial Tribunal, Madras, a writ of certiorari calling for the records in I.A.No.32 of 1953 and for quashing the same.
The Madras Electric Tramways (1904), Ltd., hereinafter called the “Company” was constituted to serve the City of Madras with a tramway system. By an indenture, dated 13th October, 1924 and two subsequent supplemental deeds dated, 26th March, 1925 and 6th July, 1950, respectively, all the properties and assets immoveable and moveable and the undertaking of the company were mortgaged and charged to the Beaver Trust Limited, being the trustees for the debenture-holders of the company to secure the repayment of all principal moneys and interest due on debentures. The said tramway undertaking was notified by the Government as a public utility service. By G.O.No.5555, dated 30th December, 1952, the following disputes between the company and the workmen were referred to the Industrial Tribunal, Madras:
(1) the fixation of the age of retirement and the quantum of gratuity payable to the persons retired from service;
(2) fixation of the quantum of bonus for 1949, 1950 and 1951;
(3
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