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1978 Supreme(Cal) 54

A.K.Sen, B.C.Ray
Dabur P Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
C.L.Ganguly, Manindra Chandra Chakravarty, P.N.Biswas, Sankardas Banerji, Sumit Krishna Dutt, Sunil Ghosh,

JUDGMENT

1. ON a difference of opinion between two of the learned single judges of this court these two writ petitions have been referred to us. The difference of opinion is on the point as to whether in view of the amended provision of Article 226 (3) of the Constitution, Article 136 of the constitution is any other remedy to a person who feels aggrieved by an award of an industrial tribunal made on a reference under the Industrial disputes Act. so as to bar entertainment of a writ petition wherein such an award is challenged. While our learned brother Roy, J, in Regent estates Limited -V- Second Labour court, 1977 C. L. J. 401 81 C. W. N. 777, has held that Article 136 provides for such a remedy, our learned brother Mookerji, j, is unable to share the said view. The two writ petitions having been thus referred to us, we have heard counsel for the parties on the preliminary issue as to whether on the provisions of article 136 such writ petitions are barred or not and we propose to decide the preliminary issue by this judgment.

2. IN both the writ petitions, the subject matters of challenge are awards made by the respective industrial tribunals on references being made to them unde





















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