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1955 Supreme(Bom) 6

CHAGLA, DIXIT
Mahadeo Dhondu Jadhav – Appellant
Versus
Labour Appellate Tribunal of India – Respondent


Advocates:
D.S. Nargolkar, for Petitioner; M.P. Amin, Advocate General with B. Narayan Swami, with Kanga and Co., for Respondents.

Judgement

CHAGLA, C.J.:- This petition raises a rather important question as to the ambit of the jurisdiction of the Industrial Disputes Appellate Tribunal under S.22 of Act XLVIII of 1950. On 21-1-1954, respondents No.2, the New China Mills gave a notice of change under S.42 Bombay Industrial Relations Act, with regard to change in items 1 and 4 of Sch. IV to that Act, and in substance the change which the mills intended to bring about was that instead of the workers attending to two sides of ring frames in the Ring Department, the workers had to attend to four sides.

Conciliation proceedings were commenced on 28-1-1954, and on 9-9-1954, these proceedings failed and a report to that effect was made by the Conciliator. On 22-9-1954, an application was made by the mills for permission to bring about this change under S.22 of the Industrial Disputes (Appellate Tribunal) Act and on 15-10-1954, the Appellate Tribunal gave its permission to the mills. It is this order that is challenged by the petitioner.

2. Turning to the relevant section, it provides that:

"During the period of thirty days allowed for the filing of an appeal under section 10 or during the pendency of any appeal under this





































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