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1957 Supreme(Mad) 60

RAJAGOPALA AYYANGAR
M. S. Ganapathi Nadar and Sons Factory by its Manager M. S. Shanmughasundaram Nadar – Appellant
Versus
The State of Madras by its Secretary Department of Industries, Labour and Co-operation, Madras – Respondent


Advocates:
T. R. Srinivasan, for Petitioners.
Notice not taken to Respondent.

Order

This writ petition has been filed by the managements of five handloom factories praying for the issue of a Writ of Prohibition or other appropriate writ directing the Industrial Tribunal, Madras, from proceeding with an enquiry which has been referred to this body for adjudication. The complaint of the several petitioners is that the State Government who have been impleaded as the 1st respondent in this petition transgressed their jurisdiction under section 10 (1) (c) of the Industrial Disputes Act, 1947, in referring for adjudicating to the Industrial Tribunal certain disputes which were said to exist between them and the persons who they say are not their workmen. There were as many as seven establishments named in the reference between whom and the Dalavaipuram Workers’ Union the dispute was said to exist, and the reference made was a single one. These petitioners have joined together and filed a single petition invoking the jurisdiction of this Court under Article 226 of the Constitution. The office raised an objection that as the grievance put forward by the several petitioners was violation of the rights of each of the persons figuring as petitioners, there have to be as





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