A.D.DESAI, B.J.DIVAN, S.B.MAJMUDAR
NIZAMUDDIN SULEMAN – Appellant
Versus
NEW SHORROCK SPG. AND MANUFACTURING MILLS COMPANY LIMITED NADIAD – Respondent
( 1 ) THE Division Bench consisting of one of us (A. D. Desai J) and N. H. Bhatt J. has passed the following order of reference to a Full Bench in Special Civil Application No. 936 of 1975 with Special Civil Application No. 1122 of 1973 :-"in view of the decisions of the Supreme Court which are prima facie not reconcilable and far-reaching effect of the point of law involved these two writ petitions are referred to the Full Bench. The order of reference then sets out the various decisions of the Supreme Court and the difficulty was felt particularly because of the decision of the Supreme Court in Central Inland Water Transport Corporation Ltd. v. Workmen A. I. R. 1974 S. C. 1604 and the decision of the Supreme Court in U. P. Electric Supply Co. Ltd. v. R. K. Shukla A. I. R. 1970 S. C. 237. The main point which is involved to this case is the exact scope of the proceeding before the Labour Court in proceedings under sec. 33c (2) of the Industrial Disputes Act 1947 Sub-sec. (2) of sec. 33c is in these terms :" (2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms
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