Judicial review in labour disputes is confined to procedural fairness; substantive issues not raised in original petitions cannot be reconsidered in Writ Applications.

1. This is an application under Art.226 of the Constitution, filed by the Malabati Tea Estate, situated in Tripura for a writ of certiorari or other appropriate writ for quashing the order of the Tripura Labour Court, dated 15/12/1961, in Misc. Case No. 54 of 1960 passed under S.33(C)(a) of the Industrial Disputes Act, 1947 .

2. This is the third time that the dispute between this Tea Estate and the 17 workmen dismissed by this Tea Estate is coming up before this Court in Wirt proceedings. The dispute relating to the dismissal of the 17 workmen was referred to the Labour Court by the Tripura Administration in August, 1957. The Labour Court after holding an enquiry gave an award on 10/12/1957 to the effect that the dismissal was illegal and that they were entitled to reinstatement. Then Writ Petition No. 3 of 1958 was filed in this Court by the Tea Estate and in the said Writ petition, the award was set aside and the matter was sent back to the Labour Court. Then a fresh award was made on 25/08/1958 after a further enquiry and it was again held that the dismissal of the 17 workmen was illegal and that they were entitled to reinstatement and also to get one month's wages as compensation. The Tea Estate then applied to the Labour Court to stay the implementation of the award as it was going to file another Writ Application against the award before this Court. The Tea Estate thereupon, were asked to deposit one month's wages given as compensation and they deposited a total amount of Rs.450/-. Thereafter, Writ Application No. 37 of 1958 was filed in this Court and a petition also was filed for staying the implementation of the award till the disposal of the writ case. My learned predecessor passed an order on the said petition for stay that the Tea Estate were at liberty not to employ the workmen till the decision in the Writ Petition on condition that in case the Writ petition failed the Tea Estate would be liable for the arrears of the salary of the workmen for the period. The Tea Estate accepted the condition and did not employ the workmen. Subsequently, the Writ Petition was dismissed by me on 18-12-59. That decision is reported in Malabati Tea Estate, Shekerkot, Tripura v. Bhakta Munda , AIR 1960 Tripura 35. Thereafter, the Tea Estate sent a notice dated 22/12/1959 to the 17 discharged workmen that they should join duty without any delay, vide Ext. D - 1 before the Labour Court. 15 out of 17 workmen thereupon joined work on 05/01/1960 and another joined on 16-1-60, Two of the women workers - Mangi Tanti and Menaka Tanti, who had got married in the meantime and left the Tea garden did not however rejoin duty.

3. Thereafter, the 17 discharged workmen filed a petition before the Labour Court through the General Secretary of the Tripura Cha Mazdoor Union, under S.33(C)(2) of the Industrial Disputes Act, claiming a sum of Rs.8,510/10/- being the wages due to them from 15/10/1958 (which was the date when the award of the Labour Tribunal became enforceable on the expiry of 30 days of its publication) to 04/01/1960, that is, for a period of one year, two months and twenty days. They also claimed a further sum of Rs.123/12/- which was the balance due to them towards one month's compensation ordered by the Labour Court which amounted to Rs.517/12/- and out of which Rs.450/- was already deposited in. Court by the Tea Estate for getting the stay. The sum of Rs.8,510/107 - was calculated on the basis of the minimum wages per day payable to the labourers under the Tripura Gazette Notification dated 16-11-55. It was stated that out of the 17 workmen -