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1997 Supreme(Guj) 87

J.N.BHATT
Natubhai Ukabhai – Appellant
Versus
Naran Lala Metal Works Ltd. – Respondent


Advocates Appeared: K.M.PATEL, T.R.MISHRA

J. N. BHATT, J.

( 1 ) RULE. Service of Rule is waived by learned advocate Mr. K. M. Patel for the respondent.

( 2 ) THE challenge in this petition under Arts. 226 and 227 of the Constitution of India is against rejection of a reference of an industrial dispute in References No. 194 of 1987 by the Labour Court at Navsari recorded on 28. 9. 1995 at the instance of the unsuccessful workman.

( 3 ) AFTER having examined the facts and circumstances and having heard the learned advocates appearing for the parties, and considering the celebrated principle that procedural law is hand-made and not mistress, this court is satisfied that the impugned award rejecting the References is not only unjustified but radiates an imprint of misreading of cause title and evidence and also tainted with illegality requiring interference of this court in this petition.

( 4 ) THE Labour Court in its award has mainly rejected the References on the ground that it was against a dead person. In this connection, it may be mentioned that a reference under Sec. 10 (1) of the Industrial Disputes Act, 1947 (id Act) was referred to the labour court in respect of an industrial dispute between employer and employee whos








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