Judgment

PALEKAR, J.:- This is an appeal by special leave by the Central Inland Water Transport Corporation Limited, hereinafter called, the Corporation, from a judgment and order of the Calcutta High Court in Appeal No. 262 of 1971 disposed of on 14-12-1972. Respondent No. 1 is the Inland Steam Navigation Workers Union representing the Workmen, and respondent No. 2 is the State of West Bengal. A reference was made by the State of West Bengal to the Second Labour Court at Calcutta under S. 33C (2) of the Industrial Disputes Act, 1947, and the point in issue is whether that court had jurisdiction to entertain the reference.

2. A few facts are necessary to be stated. There was a Limited Company known as the Rivers Steam Navigation Co. Ltd. (hereinafter called the Company) which used to operate a River service from West Bengal to Assam through what was formerly East Pakistan. It had employed for its business about 8,000 workmen, including clerical staff. Due to conflict with Pakistan in 1965 the Company came to grief and had to suspend a major part of its operations. Retrenchment was undertaken on a large scale because the Company had been incurring heavy losses for several years in spi