P.B.MUKHARJI
D. P. DUNDERDELE – Appellant
Versus
G. P. MUKHERJEE – Respondent
( 1 ) THE point for determination on this application is whether the firm of Calcutta Solicitors called 'sandersons and Morgans' can be said to be an industry so as to be liable to haw their disputes with their employees determined by the principles and procedure laid down by the Industrial Disputes Act.
( 2 ) THE application is made by the partners of the registered firm of Solicitors Messrs. Sandersons and Morgans. They all practice in this High Court as Solicitors and attorneys. The application is made under Article 226 of the Constitution of India. It asks for a Writ of Certiorari and prohibition to quash the order of reference to the Industrial Tribunal dated 5-9-1956 and the interim award made by the Industrial Tribunal on 6-5-1957 and to restrain the respondents from giving effect to that award. The Tribunal by its interim award held that the firm of Solicitors Messrs. Sandersons and Morgans carry on a work which is industry within the meaning of Section 2 (j) of the Industrial Disputes Act. The respondents include the Industrial Tribunal as well as the Sandersons and Morgans Employees Union.
( 3 ) A preliminary point on jurisdiction under Article 226 m
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