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1949 Supreme(Cal) 171

BANERJEE
Judhisthir Chandra Adak – Appellant
Versus
P. R. Mukherjee – Respondent


Advocates:
B.C. Mitter and P.K. Sanyal - for Petitioners; A.C. Sircar, Jr. Standing Counsel with B. Bose; Niren De and B. Choudhury - for Opposite Party.

ORDER. :- This is an application for a writ of certiorari to bring up an award made by an Industrial Tribunal on 20-5-1949, to this Court for having it quashed.

2. There are various prayers in the petition which it is not necessary to state.

3. There was a long standing dispute between respondent 2 and its workmen which was referred for adjudication to respondent 1 under the Industrial Disputes Act, who made an award on 15-5-1948. The Government by its order dated 25-5-1948, declared it to be binding on the parties for one year from the date of the order.

4. By the award, the Tribunal directed, inter alia, that the workmen should be paid dearness allowance at a certain rate and that "the new scale of dearness allowance would come into force from January 1947 . . ."

5. By a subsequent order dated 10-10-1948, the local Government in exercise of the powers conferred on it by the proviso of S. 19 (3) referred the award to respondent 1 who was constituted a Tribunal, for a decision in respect of matters referred to in the proviso.

6. The order is as follows :

"Government of West Bengal Commerce, Labour and Industries Department

Labour. No. 2762 Lab. dated 10-8-1949.

ORDER

Whereas an industrial















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