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1961 Supreme(Mad) 301

VEERASWAMI
Daniel Dorairaj – Appellant
Versus
Buckingham and Carnatic Company, Limited, Madras, and Another – Respondent


Advocates Appeared: For

Judgment :-

This petition arises out of an application made under S. 33(2) of the industrial Dispute Act 1947, for computation in terms of money the good attendance bonus for October 1958, granted to the workers concerned by an award made under the provisions of the Indian Arbitration Act, 1940. Certain demands were made by a section of the workmen of the Buckingham and Carnatic Co., Ltd., on 29 March 1955, on the management and this was followed by a strike notice on 5 October 1955. The workmen concerned actually went on a strike on 24 November 1955. The same day, the State Government, in exercise of their powers under S. 10(1)(c) of the Act, referred the dispute to the Industrial Tribunal, Madras. But it would appear that an agreement was arrived at between the management and the workmen to have the dispute referred to private arbitration under the provisions of the Indian Arbitration Act, 1940. In view of this agreement, the next day, i.e., 25 November 1955, the strike was called off. Evidently giving effect to the agreement the Government directed a reference to private arbitration. The original reference under S. 10(1)(c) stood therefore dismissed by the industrial tribunal on









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