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1965 Supreme(SC) 85

P. B. GAJENDRAGADKAR, V. RAMASWAMI, M. HIDAYATULLAH, K. N. WANCHOO
Workmen Of Dharam Pal Prem Chand (Saugandhi) – Appellant
Versus
Dharam Pal Prem Chand (Saugandhi) – Respondent


Advocates:
B.P.MAHESHVARI, S.MURTHY, S.V.Gupta, SUKUMAR GHOSH

Judgement

GAJENDRAGADKAR, C.J.I. : The short question of law which arises for our decision in this appeal is whether the order passed by the Delhi Administration referring the dispute between the appellants, the workmen of M/s. Dharampal Premchand Saugandhi and the respondent, the employer M/s. Dharampal Premchand Saugandhi, Delhi, was valid. The order of reference has been passed by the Delhi Administration under Sections 10 (1) (d) and 12 (5) of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act). When the Industrial Tribunal, Delhi, took up this matter for hearing, the respondent raised a preliminary objection that the reference was invalid inasmuch as the dispute referred to the Tribunal by the impugned order of reference is not an industrial dispute, but is merely an individual dispute which cannot be the subject-matter of a valid reference under S. 10 (1) of the Act. This contention has been upheld by the Tribunal, with the result that the Tribunal has held that it has no jurisdiction to adjudicate upon the merits of the dispute referred to it. It is against this order that the appellants have come to this Court by special leave. On behalf of the ap















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