( 1 ) THIS petition under Articles 226 and 227 of the Constitution is directed against an award dated 7th February 1968 whereby, instead of determining the Industrial disputes referred to the Central Government Industrial Tribunal, Jahalpur, it merely incorporated in the award the terms of a settlement between the parties before it.

( 2 ) THE material facts giving rise to this petition may be shortly stated. The petitioner is employed as a Badli coal loader in the New Chirimiri Ponri Hill Colliery at Chirimiri in Surguja District, of which the respondent 2 is the Chief Mining engineer and is the person ultimately responsible for administration of the coal mine. Sarguja Koyla Khan Karmachari Sangha (respondent 3) is one of the several trade unions of the region, the recognised union being the M. P. Colliery Workers federation. It transpired that, in the year 1967, several demands were made on behalf of the workers of the aforesaid colliery which were not accepted by the colliery management with the consequence that they gave rise to an industrial dispute. The Central Government took notice of the existence of the industrial dispute and by Notification No. 5/7/67/lr-II dated 10th October 1967 published in the Gazette of India, referred the dispute for adjudication to the Tribunal.

( 3 ) THE reference is in these terms: order new Delhi, the 10th October 1967. S. O. No. 3840-- Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the New chirimiri Ponri Hill Colliery, P. O. Chirimiri, District Surguja (Madhya pradesh) and their workmen in respect of the matters specified in the schedule hereto annexed: and, whereas the Central Government considers it desirable to refer the said dispute for adjudication; now, therefore, in exercise of the powers conferred by Clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Industrial Tribunal, Jabalpur, constituted under section 7-A of the said Act. SCHEDULE (1) Whether the management of the New Chirimiri Ponri Hill colliery was justified in keeping the following 97 workers, as badlis? If not, to what relief are the workmen entitled?. . . . . (2) Whether the existing diet charge of Rs. 1. 31 per day paid by the management for one worker patient in their hospital needs upward revision? If so, at what rate? (3) Whether the workers are entitled to the provision of ambulance or other transport facilities by the management for reaching hospitals in serious cases of sickness or accident? If so, to what relief are the workmen entitled? (4) Whether the workers employed on Sundays are entitled to be paid wages at twice their ordinary rate of wages? If so, from what date? (5) Having regard to the terms of the mutual settlement dated the 18th March, 1966 arrived at between the management and their workmen represented by the M. P. Colliery Workers federation, whether the demand of the workers for payment of arrears is justified? If so, from what date?"

( 4 ) IN the impugned sward, the Tribunal reproduced the terms of reference and concluded as follows:

"after issue of usual notices, parties filed their pleadings, namely written statements and rejoinders. Before the case could be taken up for hearing, the employers and the union which sponsored the dispute compromised all the five disputes under reference, the terms of which are reproduced in the annexure to this award. The terms of settlement, however, do not specify the manner in which the disputes have been settled. The compromise petition appears to be genuine and neither party appeared on the date of hearing. It is, therefore, accepted and an award is recorded in terms of the settlement"

( 5 ) THE terms of the settlement referred to in the award are these:

" (1) That the union Representatives viz: (1) Shri Resham Chand, president and (2) Shri H. B. Chakraborty, Gener