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1977 Supreme(Ker) 72

V.P.GOPALAN NAMBIYAR, T.CHANDRASEKHARA MENON
CALICUT MORDUM SPG. AND WEAVING MILLS LTD. – Appellant
Versus
INDUSTRIAL TRIBUNAL, CALICUT – Respondent


Judgment :-

1. The appeal is against the order of a learned judge who dismissed in limine the appellant's writ petition to quash the award of the Industrial Tribunal (Ext. P ). The issues raised for adjudication were: 'T Lockout of the factory by the management with effect from 1-2-1974

2. Denial of employment to 6 persons: (1) U. A. Aahmedkutty (2) C.Chandran; (3) C. Aboobacker; (4) T. Kunhikuttan; (5) T. Sukumaran; (o) A. Komu

3. The claims of other casual workers; if any

4. The suspension of 6 workers "'

2. The relevant discussion on these issues will be found in Para.35 and 36 of the award which, for convenience and to do justice to the argument of the appellant, we shall reproduce fully. There are two sets of paragraphs each of them numbered as 35 and 36 and we are re-producing the two sets of paragraphs (viz the four paragraphs in all).

"35 Issue No. 2:-Union No.1 sponsor the case of these workers. They say that these persons were engaged in loading and unloading work as casual workers for about 3 years prior to the dispute. In August, 1973 the Union submitted a charter of demands and they demanded confirmation of these workers. This is W1 dated 16-8-1973. Demand No. 2 refers to t







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