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1978 Supreme(SC) 324

A. D. KOSHAL, P. S. KAILASAM, Y. V. CHANDRACHUD
Pottery Mazdoor Panchayat – Appellant
Versus
Perfect Pottery Company LTD. – Respondent


Advocates:
D.N.Mishra, GULAB GUPTA, O.C.MATHUR, V.M.TARKUNDE, VINIT KUMAR

Judgment

CHANDRACHUD, CJI.:- The respondent, M/s. Perfect Pottey Co. Ltd. was engaged in the manufacture of stoneware pipes and other refractory material at its factory known as Perfect Pottery Works, where it employed about 900 workmen. For the purposes of its factory, respondent had taken a lease of Poly Pather Clay Mines, wherein about 81 workmen were employed. On April 24, 1967 respondent issued a notice of closure of the factory and the Mines stating, that the management had decided to close down the business on account of financial difficulties and other reasons.

2. Consequent upon the notice of closure, the appellant herein, the Pottery Mazdoor Panchayat, applied for initiation of conciliation proceedings to the Deputy Labour Commissioner, Madhya Pradesh and to the Regional Labour Commissioner (C), Jabalpur. The reason for initiation of two different conciliation proceedings was that Perfect Pottery Works was an industry to which the Madhya Pradesh Industrial Relations Act, 1960, applied, whereas poly pather Clay Mines was an industry governed by the Industrial Disputes Act, 1947. We will refer to these two Acts as the State Act and the Central act respectively.

3. Conciliati






















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