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1962 Supreme(SC) 110

K.N.WANCHOO, P.B.GAJENDRAGADKAR
Serajuddin And Company – Appellant
Versus
Workmen – Respondent


Advocates:
D.N.MUKHERJI, JANARDAN SHARMA, P.K.SANYAL

Judgement

GAJENDRAGADKAR, J. : This appeal by special leave raises a very short question of a part of S. 2(a) of the Industrial Disputes Act (14 of 1947) (hereinafter called the Act). That question arises in this way. On March 14, 1960, the Government of West Bengal referred for adjudication to the Fourth Industrial Tribunal six items of dispute between four employers and their respective employees. Amongst the employers was the appellant M/s. Serajuddin & Co., P-16, Bentinck Street, Calcutta-1, and the items of dispute covered claims made by the employees for grade and scale, Dearness Allowance, Hose rent, leave and holidays, Provident Fund and Gratuity, and condition of service. It appears that all the workmen employed in the three other industrial concerns filed affidavits before the Tribunal intimating to it that they did not want to proceed with the case because the dispute between them and their respective employers had been settled. That is how the only dispute which was left before the Tribunal for its adjudication was the dispute between the appellant and its workmen.

2. On behalf of the appellant, a preliminary objection was raised against the validity of the reference itse











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