SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1953 Supreme(SC) 89

JAGANNADHA DAS, B.K.MUKHERJEE, M.C.MAHAJAN
Minerva Mills LTD. , Bangalore – Appellant
Versus
Workers of the Minerva Mills – Respondent


Advocates:
ANANT GOVIND RATNAPARKHI, C.K.DAFTARY, H.J.Umrigar, J.B.DADACHAN, S.MOHAN KUMARA MANGALAM, S.SIVA SUBRAMANIAM, S.Subramania Iyer

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The appropriate government has the authority to constitute one or more industrial tribunals for a limited period, with the intention that the tribunal's existence ends automatically upon expiry of that period (!) (!) .
  • The power to appoint tribunals for a limited duration is explicitly supported by the provisions of the relevant sections of the Industrial Disputes Act, which do not restrict or limit the government's discretion in this regard (!) (!) .
  • The appointment of a tribunal for a specified period does not imply that the tribunal's existence is indefinite or that the government cannot withdraw or reassign disputes during or after that period (!) (!) .
  • When a tribunal's designated period expires, its existence ceases automatically, and there is no obligation to keep the same tribunal in place beyond that period (!) .
  • The provisions of the Act do not prohibit the government from reconstituting a tribunal or appointing a new tribunal to hear unresolved disputes, even if those disputes were initially referred to a previous tribunal (!) (!) .
  • The language of the notification appointing the second tribunal, despite its confusing wording, is interpreted as valid under the relevant sections, and the second tribunal was properly constituted (!) .
  • The second tribunal was authorized to hear and dispose of disputes left unresolved by the first tribunal, and it was within its jurisdiction to proceed from the stage at which the first tribunal had left off, or to reframe issues if necessary (!) .
  • The legal framework supports the view that tribunals can be appointed for limited periods, and their existence is tied to those periods, with no requirement that disputes must be concluded by the same tribunal initially appointed (!) (!) .
  • The appeals and writ applications challenging the validity of the second tribunal's appointment and jurisdiction were dismissed, affirming the government's authority to reconstitute tribunals and the legality of the procedures followed (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on these points.


Judgement

MAHAJAN J.: The Government of Mysore by a notification dated 15-6-1951 under powers conferred by S. 7. Industrial Disputes Act, 1947, constituted an Industrial Tribunal for a period of one year consisting of a chairman and two members for the adjudication of industrial disputes in accordance with the provisions of the Act. It appointed the following persons as chairman and members thereof :

Chairman : Rajadharmaprasakta T. Singaravelu Mudaliar.

Members : Janab Mohamed Sheriff, Sri S. Rangaramiah.

Two disputes between the management and the workers of the Mineiva Mills Ltd., Bangalore and two other disputes between the management and workers of the Mysore Spinning and Manufacturing Co., Ltd., Bangalore, were referred to these said Industrial Tribunal under S. 10(1)(c) of the Act for adjudication. Several other disputes were a1so referred for adjudication to the same tribunal. Till 15-6-1952, when the period of one year expired. the Tribunal had only disposed of 5 out of the 22 disputes referred to it. In the four disputes with which we are concerned the Tribunal had only framed issues and had not proceeded to record any evidence.

2. On 27-6-1952 the Government by another not

































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top