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1950 Supreme(Bom) 121

M.C.CHAGLA, P.B.GAJENDRAGADKAR
The State of Bombay – Appellant
Versus
The Maharashtra Sugar Mills Ltd. – Respondent


Judgment

Chagla, C.J.

1. By a notfn. dated 1-4-1949, the Govt. of Bombay referred an industrial dispute that had arisen between the Maharashtra Sugar Mills, Ltd., who are regp. 1 before us, its employees in respect of payment of six months wages as bonus for the year 1947-48 to all employees including the seasonal contract labour. This dispute was referred under Section 73, Bombay Industrial Relations Act, 1946. The company contended before the Tribunal that it had no jurisdiction to arbitrate with reference to the contract labour employed in the industry. That contention was overruled by the Industrial Tribunal. Thereupon a petn. was presented by the company for a writ of certiorari to quash the award made by the Tribunal to the extent that it awarded bonus to contract labour. This petn. came before Bhagwati J. who upheld the contention of the petnr-company ordered a writ to issue in favour of the company. The State of Bombay has now come in appeal before us from that decision of the learned Judge.

2. The first question that was canvassed before the learned Judge was whether this Ct. had jurisdiction to interfere with the decision of the Industrial Tribunal that it had jurisdic









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