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1955 Supreme(Bom) 46

M.C.CHAGLA, S.T.DESAI
P. L. Mayekar and Anr – Appellant
Versus
Amichand Narayan – Respondent


Judgment

1. This is an appeal against the decision of Coyajee J. by which he quashed an order passed by the Industrial Appellate Tribunal, and he came to make the order under the following circumstances. Appellants 1 and 2 were employees of respondent 1 and they were dismissed prior to 1952. Certain demands were put forward by the Labour Union of which the appellants were members and among the demands were reinstatement of these two dismissed employees, and the Government referred all these demands to the Industrial Court under Section 10(1)(c), Industrial Disputes Act.

On 18-6-1953, the Industrial Tribunal made an award and directed respondent 1 to reinstate the appellants from the date of their dismissal. There was an appeal to the Industrial Appellate Tribunal and on 19-1-1954, the Industrial Appel- late Tribunal confirmed the award made by the Industrial Tribunal. The employer, respondent 1, challenged this award before Coyajee J., and his contention was that the Government had no jurisdiction to refer to the industrial Tribunal the cases of the appellants and the Industrial Tribunal had no jurisdiction to deal with those cases. Coyajee J. upheld the contention of the employer an




























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