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1962 Supreme(Ker) 73

C.A.VAIDIALINGAM
Kunjan Manu – Appellant
Versus
Aspinwalla and Co. , Ltd. – Respondent


Advocates:
K. Velayudhan Nair, M.V. Joseph and V.S. Moothathu and K.J. Joseph, for Petitioner; P.K. Kurien, G. Balagangadharan Nair, and K. Sukumaran, for Respondent No. 1; Govt. Pleader, for Respondent No. 2; M.M. Cherian, for Respondent No. 3

ORDER :- In this writ petition, Mr. K. Velayudhan Nair, learned counsel for the petitioner, challenges the common award made by the Industrial Tribunal, Ernakulam, in I. D. Nos. 50, 53 and 58 of 1959.

2. The management appears to have terminated the services of certain workers; and, in view of the fact that an industrial dispute was already pending as I. D. No. 20/1958, it was the grievance of the workers concerned, that action has been taken by the management, contrary to the provisions of Section 33 of the Industrial Disputes Act. Accordingly, under Section 33A of the Act, 23 workers made a complaint before the Industrial Tribunal, which was registered as Industrial Disputes Nos. 50, 53 and 58 of 1959.

3. The main grievance of the workers concerned, as I mentioned earlier, was that their discharge was contrary to the provisions of Section 33 of the Industrial Disputes Act.

4. There is no controversy, and it is also mentioned in the affidavit filed in support of the writ petition, that in I. D. 20/1958, which was pending at about the relevant time, the issues referred were :

(a) Whether there was any change in the conditions of service of the workmen employed in the press section of t

























































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