ORDER :

Govinda Menon, J.—By G.O. Ms. No. 397, dated 28 January 1953, of the Development Department the Government of Madras, in exercise of the powers conferred by Section 10(1)(c) of the Industrial Disputes Act, 1947, referred for adjudication to the industrial tribunal having its place of sitting at Madras the industrial dispute between the workers and management of Messrs. Lakshmi Cafe, Madras, and this application is for a writ of certiorari to quash that order on the ground that at the time the reference was made there was no industrial dispute existing and that therefore the reference was without jurisdiction. The annexure to this Government order contains the several matters in dispute of which item 6 was not in existence when the conciliation took place. The six matters in dispute referred to in the annexure are the following:

(1) Fixation of scales of wages for different categories of employees.

(2) Fixation of the quantum of dearness allowance in the place of boarding and lodging.

(3) Fixation of number of days for sick, leave with wages in a year.

(4) Fixation of the quantum of bonus for the years 1947, 1948, 1949, 1950 and 1951.

(5) Fixation of the quantum of gratuity.

(6) Wh