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1959 Supreme(Mad) 174

P.V.RAJAMANNAR, GANAPATIA PILLAI
The Buckingham and Carnatic Company, Ltd. , Madras – Appellant
Versus
The B. & C. Mills’ Staff Union, by Secretary – Respondent


Advocates:
K. Rajah Ayyar for M/s. King and Partridge, for Appellant.
S. Mohan Kumaramangalam and K.V. Sankaran, for Respondents.

Rajamannar, C.J.-

These two appeals are from the judgment of Balakrishna Ayyar, J., disposing of two writ petitions, namely W.P. Nos. 54 and 55 of 1959. They both relate to an order of the Industrial Tribunal, Madras, dated 31st January, 1959, in Industrial Dispute No. 59 of 1958 on the file of the Tribunal. The management of the Buckingham and Carnatic Company, Limited, filed both the petitions. In W.P. No. 54 of 1959 they prayed for the issue of a writ of certiorari to quash the said order of the Industrial Tribunal while in W.P. No. 55 of 1959 they prayed for a writ of prohibition directing the Industrial Tribunal to forbear from proceeding with the hearing in Industrial Dispute No. 69 of 1958 in pursuance of the said order. Both the petitions were dismissed by the learned Judge and these appeals are by the Buckingham and Carnatic Company, Limited.

A question of far-reaching importance arises in these appeals on which there appears to be no direct authority. The question is this: If in an industrial establishment which employs several workmen who fall into more or less well-defined sections having regard to the nature of the work in which they are employed a dispute is raised by




























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