1968 Supreme(Goa) 21
V.S.JETLEY
Goa Dock Labour Union – Appellant
Versus
Government of the Union Territory of Goa, Daman and Diu – Respondent
Advocates:
U.B. Surlikar (for No. 1) and H.K. Sowani (for No. 2), for Petitioners; S. Tamba, Govt. Pleader (for Nos. 1 and 2), F.S. Nariman assisted by D.B. Engineer and Ataide Lobo (for Nos. 3 to 22), for Respondents.
JUDGMENT :- This is a petition duly amended under Article 226 of the Constitution. The petitioners are (1) The Goa Dock Labour Union, a trade union registered under the Indian Trade Unions Act, 1928, represented by its General Secretary Mohan Nair, and (2) Harichandra Pundalik Parab. The respondents are (1) Government of the Union Territory of Goa, Daman and Diu; (2) Shri K. R. Pawar, Industrial Tribunal, appointed by the respondent No. 1 under the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), and a number of other employers employing barge crew. The relief claimed by the petitioners is that the order of reference dated 3rd November, 1967, under Section 10 (1) of the Industrial Disputes Act by the State Government (respondent No. 1), whereby the Industrial Dispute between the barge crew and the respondent-employers was referred to the respondent No. 2 for adjudication be quashed by an appropriate writ etc., as the Central Government and not the State Government is the appropriate Government under the Act in relation to the said dispute which concerns a major port.
2. The case of the petitioners is that the respondent-employers ply their barges in connection w
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