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1955 Supreme(Bom) 45

CHAGLA, DESAI
Lalbhai Tricumlal Mills Ltd. – Appellant
Versus
Dhanubhai Motilal Vin – Respondent


Advocates:
P.N. Bhagwati with Amarchand and Mangaldas, for Petitioners; M.L. Shah, with N.A. Nanavatti, for Opponent No.5.

Judgement

CHAGLA, C.J.:- This petition raises a rather interesting question as to the jurisdiction of the Labour Court to try a certain industrial dispute. The facts are very brief. Opponent 5 was employed by the petitioner mills in their branch office in Bombay and his services were terminated on 27-8-1953, when the branch office was closed. He wrote to the registered office of the mills in Ahmedabad complaining of his dismissal and claiming to be reinstated. No reply was sent to this letter and respondent 5 filed an application before the Labour Court for reinstatement and compensation. A point was raised by the petitioner that the Labour Court at Bombay had no jurisdiction to try and dispose of the application made by respondent 5, and the Labour Court made a reference to the Industrial Court under Section 81, Bombay Industrial Relations Act, 1946, and the Industrial Court has held that the Bombay Labour Court had jurisdiction. It is against that decision that the petitioner has come on this petition.

2. Now, under Section 9 the State Government is empowered to constitute one or more Labour Courts having jurisdiction in such local areas as may be specified in such notification, an


















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