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1987 Supreme(Kar) 372

PREM CHAND JAIN, K.SHIVASHANKAR BHAT, M.S.NESARGI
S. N. HADA – Appellant
Versus
BINNY LTD. STAFF ASSOCIATION – Respondent


PREM CHAND JAIN, C. J.

( 1 ) THE question of law that needs our decision, reads thus :-

"whether a complaint lodged by a private individual securing permission from the Government or the Labour Commissioner as the case may be could be regarded as a complaint made under section 34 of the Industrial Disputes Act by the Government or the Labour Commissioner or under its or his authority ?"

( 2 ) S. N. Hada and others have filed these petitions for the quashing of the order No. IAA/cr-217/81-82, dated 11th May 1982 passed by the Labour Commissioner - third respondent (Annexure-J) as being illegal and void. The Commissioner of Labour by virtue of his order, which has been impugned in these petitions, has granted permission to the Binny Mills staff Association to prosecute the management of M/s. Binny Limited (The Bangalore Woolen, cotton and Silk Mills Co. , Ltd.), Bangalore, for violation of some of the terms of agreement dated 8th of December 1980 (Annexure-G ). When the petitions came up for hearing before a learned Single Judge of this Court, a contention was raised on behalf of the petitioners that no permission could be granted to a private individual or trade union to lodge a com






















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