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1966 Supreme(Pat) 58

A.AHMAD, R.L.NARASIMHAM
Mohini Sugar Mills Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The main point urged in support of this application for quashing a reference made under Sec.10 (1) of the Industrial Disputes Act is that the employer company, closed the sugar mill in question with effect from the 10th March, 1964, and that many of the points referred to as being in dispute between the employer and their workmen in the aforesaid order of reference (Annexure D) deal with disputes that are likely to arise after the date of closure of the mill. It is, however, not denied that some of the items referred to in the order of reference deal with disputes between the employer and their workmen prior to the date of closure

2. The law on the subject is laid down in Pipraich Sugar Mills Ltd. V/s. Pipraich Sugar Mills Mazdoor Union, AIR 1957 SC 95 and subsequent decisions. If the Govt. makes a reference under Sec.10, including in it several items in dispute between the employer and the employees and if the Tribunal concerned holds that, in respect of some items in dispute, the order of reference is incompetent in view of the aforesaid decision of the Supreme Court, the Tribunal itself must refuse to give any decision on those points and confine its award only to tho

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