1959 (11) TMI 76 - HC - Indian Laws

Summary

Issues:
1. Jurisdiction of the Adjudicator and the Tribunal in an industrial dispute involving the classification of employees as "workmen."
2. Validity of the order of the Tribunal and the Adjudicator under Article 226 of the Constitution.

Detailed Analysis:

Issue 1:
The case involved a dispute regarding the classification of six employees as "workmen" under the U.P. Industrial Disputes Act, 1947. The appellant contended that these employees were personal domestic servants of officers and, therefore, not covered under the Act. The Adjudicator and the Tribunal ruled that the employees were indeed "workmen" and that the dispute was an industrial dispute. The Tribunal found that the employees were on the appellant's payroll, received wages, and were engaged in manual work, albeit not within the factory premises. The Court analyzed the definitions of "industry," "industrial dispute," and "workmen" under the Act and concluded that the employees were indeed "workmen" as they were employed in reference to the business of the appellant, contributing to its operations indirectly. The Court upheld the jurisdiction of the Adjudicator and the Tribunal in deciding the dispute.

Issue 2:
The appellant sought relief under Article 226 of the Constitution, challenging the orders of the Adjudicator and the Tribunal. However, the Court held that it lacked the power to quash the orders as the Tribunal no longer existed, and the records were not within the territorial jurisdiction of the Court. The Court also rejected the appellant's argument for a writ of mandamus to restrain the State of Uttar Pradesh from enforcing the Tribunal's order, as it found that the employees were indeed "workmen" and the dispute qualified as an industrial dispute. The Court affirmed the order of the lower court, dismissing the appeal with costs.

In conclusion, the judgment affirmed the jurisdiction of the Adjudicator and the Tribunal in deciding the dispute involving the classification of employees as "workmen." It also clarified the limitations of the Court's power under Article 226 in quashing orders when the Tribunal ceases to exist. The Court's detailed analysis of the definitions under the Industrial Disputes Act supported its decision regarding the classification of the employees and the nature of the dispute.