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1962 Supreme(SC) 336

P.B.GAJENDRAGADKAR, A.K.SARKAR, K.C.DAS GUPTA, K.N.WANCHOO, N.RAJAGOPALA AYYANGAR
Anakapalle Co Operative Agricultural And Industrial Society LTD. – Appellant
Versus
Workmen – Respondent


Advocates:
A.S.R.CHARI, B.P.MAHESHVARI, C.K.DAFTARY, K.SRINIVAS MURTHY, M.K.RAMAMURTHY, NAUNIT LAL, R.K.GARG, T.S.VENKATA RAMANA

Judgment

GAJENDRAGADKAR, J. : The principal question which arises in this appeal has relation to the scope and effect of Section - 25-FF of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act). An industrial dispute between the appellant, Anakapalle Co-operative Agricultural and Industrial Society, and the respondents, its workmen, was referred by the Governor of Andhra Pradesh for adjudication to the Industrial Tribunal, Hyderabad, under Section 10(1) (d) of the Act on December 7 1960. The respondents who were in the employment of Vizagapatnam Sugar and Refinery Ltd. (hereinafter called the company) claimed that they were entitled to re-employment in the said concern which had been purchased by the appellant, and since their demand for re-employment by the appellant was not accepted by it, they represented to the State Government that the said demand should be adjudicated upon by an Industrial Tribunal. That is how their demand for re-employment came to be referred under Section 10 (1) (d).

2. It appears that the Company was an old Co., which manufactured sugar. Its business, however did not result in profits, because the supply oft sugarcane was insuffici

































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