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1960 Supreme(SC) 59

A.K.SARKAR, K.C.DAS GUPTA, P.B.GAJENDRAGADKAR
Associated Cement Companies LTD. – Appellant
Versus
Their Workmen – Respondent


Advocates:
J.B.DADACHAN, JANARDAN SHARMA, M.C.SETALVAD, P.L.VOHRA, R.J.KOLAG, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

GAJENDRAGADKAR, J. : Can a registered trade union representing a minority of workmen governed by an award give notice to the other party intimating its intention to terminate the award under S. 19(6) of the Industrial Dispute Act 14 of 1947 (hereinafter called the Act)? That is the short question which arises for decision in the present appeal. In answering the said question it would be necessary to examine the scheme of the Act and to ascertain the true meaning and effect of S. 19(6) on its fair and reasonable construction. The controversy thus raised undoubtedly lies within a narrow compass; but before addressing ourselves to the merits of the dispute, it is necessary to state the material facts which led to the present proceedings.

2. The present appeal has been brought before this Court by the Associated Cement Companies Limited (hereinafter called the appellant) against their workmen (hereinafter called the respondents), and it arises from an industrial dispute between them which was referred for adjudication to the Industrial Tribunal for the State of Saurashtra by the Saurashtra Government under S. 10(1) of the Act. Several items of demand presented by the respondents














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