( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution for a writ of certiorari to quash and set aside the award made under Section 10-A of the industrial Disputes Act (hereinafter called the "act") by Shri F. Jeejeebhoy, the sole arbitrator (respondent No. 1), which award was published in the Gazette of india, Part II, Section 3 (ii) dated June 11, 1966.

( 2 ) THE petitioner, Nowrozabad Colliery Mazdoor Sangh is a Trade Union, registered under the Trade Unions Act. Respondent No. 2, the Associated Cement Co. Ltd. , nowrozabad Colliery, (hereinafter called the 'company'), is a company incorporated under the Companies Act. The Company installed a coal washing plant (shortly called the "washery") for the purpose of washing coal raised from its nowrozabad and Kotma Collieries and commissioned the same some time in august, 1960.

( 3 ) IT appears that a notice dated March 12, 1963, was published by the Company to the effect that the washery would run without the assistance of 18 workmen named therein (Ishwardas and 9 others, who are concerned with this petition, and ramadhar and 7 others, who are concerned with M. P. No. 588 of 1966, which is being decided simultaneously ). On May 6, 1963, all the 18 workmen filed a complaint under Section 33-A (complaint No. 9/1963) before the Central government Industrial Tribunal, Bombay, (hereinafter referred to, for the sake of brevity, as CGIT, Bombay ). On September 30, 1963, Ishwardas and 9 others (who will hereinafter be called "workmen") were discharged. On October 9, 1963, the workmen filed a complaint under Section 33-A of the Act before the CGIT, bombay.

( 4 ) ON January 18, 1965, a joint application was filed before the CGIT, Bombay, for withdrawing various references and complaints, which were pending before it, with a view to refer the disputes to arbitration of Shri Jeejeebhoy, Ex-president, Labour appellate Tribunal of India, Bombay, under Section 10-A of the Act. On January 27, 1965, the CGIT, Bombay, made an "award" disposing of these disputes pending before it "as withdrawn in terms recorded in the annexure hereto, which shall form part of this award". This "award" was published by the Central government in the Gazette of India, Part II, Section 3 (ii) dated February 13, 1965. On January 28, 1965, an agreement was entered into between the parties to refer to the arbitration of the said Shri F. Jeejeebhoy, under Section 10-A of the Act, their dispute whether the complaints were maintainable.

( 5 ) ON June 2, 1965, an arrangement was arrived at between the parties that in case the references are rejected on the preliminary contention that the complaints under Section 33-A are not maintainable, the company would be forthwith entitled to execute ejectment decrees. But, if the parties agree that the arbitrator should also decide the merits of the disputes even if the complaints are not maintainable, the agreement not to execute ejectment decrees would continue until an award on merits of the dispute is given by the arbitrator and published by the Government. On November 3, 1965, an application was made to the arbitrator to decide their dispute on merits as well. On the same day, a copy of this agreement was sent to the Central Government for publication. This was followed by a reminder dated february 11, 1966 from respondent No. 2. A reply (undated) was received from the Central Government returning the agreement, as it was not in the prescribed form. On February 21, 1966, an agreement was drawn up afresh in the prescribed form, referring the dispute on merits to the arbitration of Shri F. Jeejeebhoy. On march 12, 1966, this agreement was published by the Central Government. On may 24, 1966, the arbitrator made his award.

( 6 ) AGGRIEVED by this award, this petition was filed for a writ of certiorari.

( 7 ) SHRI Nanavati, learned counsel for the Company, (respondent No. 2), raised a preliminary objection that an arbitrator, appointed under Section 10-