Judgement

BHARGAVA, J :- The Government of Bihar, by an Order, dated 14th June 1961, referred an industrial dispute under S 10 (1) of the Industrial Disputes Act. 1947 (14 of 1947) to the Labour Court, Patna wherein the following two issues were referred :

(1) Whether the discharge of the following forty workmen was proper? If not, whether they are enticed to reinstatement and/or any other relief ?

(2) Whether the above-mentioned workmen are entitled to be made permanent?"Subsequently, the Government issued an Order by way of corrigendum on the 19th July 1961, substituting "Ranchi" for "Patna" in the original order of reference, dated 14th June 1861. The effect of this corrigendum was that the reference of the dispute, instead of being made to the Labour Court, Patna, came before the Labour Court, Ranchi. In the proceedings before that Court, the principal objection that was raised was that the Government, having once made a reference to the Labour Court, Patna, was not competent to cancel or withdraw that reference and could not make a competent reference of the same industrial dispute to the Labour Court, Ranchi, so that the latter Court had no jurisdiction to deal with the referen