JUDGMENT - CHAGLA C. J. :

This appeal raises some important questions as to the interpretation of S. 12 (5) of the Industrial Disputes Act, and we have listened to a very able argument from Mr. Phadke about the manner in which that section should be construed. It appears that the first appellant which is a union of workers who were employed in the second respondent company made certain demands on 27-3-1956 and as these demands were not accepted by the second respondent company, an application was made to the Conciliation Officer on 6-4-1956. After some preliminary discussions between May and September 1956 conciliation proceedings commenced and ultimately, as unfortunately so often happens in labour disputes, they failed. The Conciliation Officer made a report under S. 12 on 2-4-1957. On the 30th of July 1957 Government referred to adjudication certain items in the disputes. But they refused to refer certain other items and on 14-8-1957 the Government communicated to the parties the reasons for their refusal. Now, the items which the Government refused to refer were ten. They dealt with pay scales, confirmation, provident fund, additional gratuity, leave, overtime payment, uniforms,

Click Here to Read the rest of this document