N.SREENIVASA RAU, H.HOMBE GOWDA
VASUDEVA RAO (B. K. ) – Appellant
Versus
STATE OF MYSORE – Respondent
( 1 ) IN this writ petition the petitioner seeks that the order of reference made by respondent 1, the state of Mysore, to respondent 2, the labour court at Hubli, of an industrial dispute between the petitioner, who was the employer as proprietor of Prabhat Talkies, Mangalore, and the workmen of Prabhat Talkies, represented by the secretary, Cinema Mazdoor Sangh, Mangalore, in regard to the retrenchment of the employee (respondent 4 ). Kesava Devangha, be quashed as also the award by respondent 2, the labour court, on the reference.
( 2 ) THE reference is attached on the ground that previous to that reference, i. e. , under S. 10 (1) of the Industrial Disputes Act, 1947, the State Government had, after receiving the report of the conciliation officer in regard to the very dispute, taken a decision to the effect that the dispute did not merit reference for adjudication, that the decision had been communicated to the parties concerned and that, therefore after having made and communicated a decision, Government had ceased to have any further power to reopen the matter and make a reference. The reference is also challenged on the ground of inordinate d
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