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1969 Supreme(Del) 100

S.K.KAPUR, V.S.DESHPANDE
MANAGEMENT,NATIONAL PRODUCTVITY COUNCIL – Appellant
Versus
S. N. KAUL – Respondent


S. K. Kapur, J.

( 1 ) THE question arising for decision in this Letters Patent Appeal against the judgment of T. V. R. Tatachari, J. dated 23rd January, 1968, may be formulated as under: Where an employee is dismissed or discharged or his services terminated before the enactment of Section 2-A of the Industrial Disputes Act on 1-12-1965, can a dispute arising out of such dismissal or discharge etc. be REFERRED TO to a Labour Court under section 10 for adjudication even though the cause of the Workman is not supported by other workmen. The facts have been set out in detail in the order of the learned Single Judge and it is unnecessary to elaborate on the same. I will only confine any statement of facts within a very narrow compass.

( 2 ) RESPONDENT S. N. Kaul was employed as a Press Operator by the appellants on December 5, 1960. According to Kaul his services were arbitrarily and illegally terminated by the management of the National Productivity Council (hereafter REFERRED TO to as the appellants ) on March 9, 1964. By amendment in the Industrial Disputes Act Section 2a was incorporated therein on 1st December, 1965. Kaul is alleged to have approached the Chairman of the Appellan




































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