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1986 Supreme(Guj) 61

P.R.GOKULAKRISHNAN, S.B.MAJMUDAR
INDIAN OIL CORPORATION – Appellant
Versus
MAHENDRABHAI R. PATEL – Respondent


Advocates Appeared: N.J.MEHTA, R.P.BHATT

P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Civil Application is to quash the order of the Labour Court Baroda wherein the Labour Court has held that the subsequent notification changing the appropriate Government in relation to a certain industry will not invalidate the reference made by the appropriate Government at the time the dispute was referred. Mr. Bhatt the learned counsel appearing for the petitioner submitted that by virtue of the notification dated 21-6-1985 the Central Government was specified as appropriate Government for oil industry. At the time of the reference under sec. 10 of the Industrial Disputes Act 1947 the appropriate Government was the State Government in respect of this particular industry. In as much as there is a change in the appropriate Government subsequent to the matter having been referred to the Labour Court under the powers conferred under sec. 10 of the Industrial Disputes Act Mr. Bhatt the learned counsel for the petitioner submitted that the Labour Court ceased to have jurisdiction. This he wanted to fortify by submitting that as per sec. 1? of the Industrial Disputes Act 1947 the appropriate Government has to publish the award that will be pas







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