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1957 Supreme(SC) 113

N.H.BHAGWATI, P.B.GAJENDRAGADKAR, P.N.BHAGWATI, SYED JAFAR IMAM
Mill Manager, Model Mills Nagpur LTD. – Appellant
Versus
Dharam Das – Respondent


Advocates:
J.B.DADACHAN, R.V.S.Mani, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

JAFER IMAM J. : These nine appeals are by special leave against the order of the State Industrial Court at Nagpur reversing in order of the Assistant Labour Commissioner of Nagpur who rejected the application of the respondents under S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereinafter referred to as the At). The respondents had applied to the Labour Commissioner under S. 16 to set aside the order of the appellant dismissing them from the service of the Model Mills Ltd., Nagpur with effect from 11th of January, 1956. The State Industrial Court purported to exercise its revisional powers under S. 16 (5) of the Act.

2. In the Model Mills Ltd., Nagpur machines known as "Seven Bowl Calender Machines", generally described as Calendar machines, were used. According to the respondents, at least three persons were required for working each of these machines and this had been the practice for many years. The management of the Model Mills Ltd., however, ordered that each machine was to be worked by two persons. On 16th of December, 1955, while such a machine was being worked by two persons one of them was seriously injured. It was contended th















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