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1970 Supreme(Del) 75

S.N.ANDLEY, T.V.R.TATACHARI
KEVENTERS KARAMCHARI SANGH – Appellant
Versus
LIEUTENANT GOVERNOR UNION TERRITORY OF DELHI – Respondent


Advocates Appeared:
A.K.Gupta, ANAND PARKASH, B.KISHORE, J.P.Gupta

S. N. Andley, J.

( 1 ) THE order dated May 20, 1968 of the Delhi Administration prohibiting the continuance of the strike by the petitioner Union which was passed in exercise of powers conferred by sub-section (3) of section 10 of the Industrial Disputes Act, 1947 has been challenged by this writ petition on three main grounds. Firstly, because sub-section (3) of section 10 of the said Act is violative of Article 14 of the Constitution; secondly, because the said order was not in compliance with the provisions of the said sub-section and thirdly, because the said order was passed at the instance of respondent No. 2 without affording any opportunity to the petitioners to show cause against it.

( 2 ) THE petitioners are a union of workmen of Messrs Edward Keventer (s) Private, Limited. The first Respondent 1s the Lt. Govenor of Delhi and the second Respondent 1s the said company. Certain demands raised by the petitioners on December 20, 1967 were pending conciliation before the Conciliation Officer, Delhi. On April 1, 1968 while the conciliation proceedings were pending, the General Secretary of the petitioners served a notice of a strike upon the said company under sub-section (1) o























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