Judgment

P. B. GAJENDRAGADKAR, J. : Where an industrial dispute has been referred to a tribunal for adjudication by the appropriate government under S. 10(1) (d) of the Industrial Disputes Act, 1947 (XIV of1947), can the said government supersede the said reference pending adjudication before the tribunal constituted for that purpose? That is the short question which falls to be considered in these two appeals by special leave. The question arises in this way: On 8-10-1954, by Notification No. III/D1-1602 /54 L-15225, the Government of Bihar referred an industrial dispute between the management of the Bata Shoe Co. Ltd., Dighaghat (Patna) and their 31 workmen, mentioned in annexure A , in exercise of the powers conferred on the said government by S. 7 read with S. 10(1) of the Act. The dispute was whether the dismissal of the workmen in question was justified; if not, whether they were entitled to reinstatement or any other relief. For the adjudication of this dispute, an industrial tribunal with Mr. Ali Hassan as the sole member was constituted. This was reference No. 10 of 1954. Then, on 15-1-1955, by Notification No. III/DI-1601/55 L 696, a similar industrial dispute between the