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1962 Supreme(SC) 328

B. P. SINHA, P. B. GAJENDRAGADKAR, K. N. WANCHOO, J. C. SHAH, K. C. DAS GUPTA
Engineering Mazdoor Sabha: Anglo American Direct Tea Trading Company LTD. – Appellant
Versus
Hind Cycles LTD. : Ir Workmen – Respondent


Advocates:
A.S.R.CHARI, C.K.DAFTARY, D.P.Singh, G.B.PAI, J.B.DADACHAN, K.R.CHAUDHARY, K.T.SULE, M.K.RAMAMURTHI, O.C.MATHUR, R.K.GARG, RAMAMURTHI, Ravindra Narayan, S.C.AGRAWAL, S.K.BOSE, SARDAR BAHADUR SAHARYA

Judgment

GAJENDRAGADKAR, J.: These three appeals have been placed for hearing together because the respective respondents in the said appeals have raised the same preliminary objection against their competence. Civil Appeals Nos. 182 and 183/1962 have been filed against the award pronounced by Mr. D.V. Vyas on the 8th April, 1960 in a dispute between the appellants, the Engineering Mazdoor Sabha and another, and the respondent The Hind Cycles Limited, Bombay. This dispute was voluntarily referred to Mr. Vyas under S. 10A of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act.) by the parties by their agreement of the 3rd December, 1959. The Arbitrator entered upon the reference on the 14th December, 1959 and pronounced his award on the 8th of April, 1960. By their appeals, the Appellants have challenged the validity and the propriety of the said award on several ground and the appeals have been brought to this Court by special leave. The respondent contends that the arbitrator whose award is challenged was not a Tribunal under Art. 136 of the Constitution and so, an appeal by special leave is not competent.

2. Civil Appeal No. 204/1962 has been filed by the































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