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1957 Supreme(Cal) 32

SINHA
BHARAT GLASS WORKS (PRIVATE)LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
P.K.SENGUPTA

SINHA, J.

( 1 ) THE petitioner in this case is Messrs. Bharat Glass Works (Private) Ltd. It carries on business as manufacturers and producers of glass and ceramics, having its factory at Belkhoris in the 24 parganas. On or about the 11th December, 1954 the respondent No. 4, the Bharat Glass Workers' Union, claiming to represent the workers of the petitioner-company, put forward a charter of demand. The demands were pretty exhaustive, but it is unnecessary for our purposes to deal with the nature thereof. The Govt, of West Bengal, by an order dated the 17th June, 1955 referred certain disputes between the petitioner-company and its workers, for adjudication under Section 10 of the Industrial Disputes Act, 1947. A copy of the Order of Reference is annexed to the petition and marked as Exhibit B. The petitioner-company appeared before the Tribunal, respondent No. 3 in this case, and took a preliminary objection to jurisdiction. The objection was that as the petitioner was carrying on a controlled and scheduled industry, an Order of Reference for adjudication could only be made by the Central Government, and that the order of reference for adjudication made by the Government of West





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