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1953 Supreme(Mad) 297

GOVINDA MENON
Radhakrishna Mills Ltd. , Peelamedu Coimbatore Dt. – Appellant
Versus
The Special Industrial Tribunal, Madras and others – Respondent


Advocates Appeared:
M.R. Narayanaswami, for Petitioner; Govt. Pleader and Arunachalam, for Respondents.

Judgement

ORDER :- By G.O. Ms. No. 2310 dated 16-5-1953, the Government of Madras, in pursuance of the-powers conferred upon them by S. 10(1)(c), Industrial Disputes Act (Central Act 14 of 1947) referred to a special Industrial Tribunal for adjudication the disputes between the workers of the 65 textile mills enumerated in the schedule to the said G.O. and the management of the said Mills with regard to compensation for involuntary unemployment caused to the workers and while the proceedings regarding the adjudication of the disputes were going on, the petitioner, which is, one of the mills mentioned in the schedule applied to the Industrial Tribunal to summon and implead the Government of Madras as a party to the proceedings. This application was resisted on behalf of the workers and therefore the Tribunal had to consider the application on the merits.

2. Two points were raised before the tribunal and they were (1) whether the Tribunal has jurisdiction to implead the Government as a party; and (2) if it has jurisdiction, whether the Government are a necessary or a proper party. On the first question the finding was that the tribunal has the power to summon and add as a party any per























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