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1986 Supreme(P&H) 96

PREMCHAND JAIN, S.S.KANG
Ramlal – Appellant
Versus
Labour Court – Respondent


Judgment

Sukhdev Singh Kang, J.

1. Two questions of law arise in this Letters Patent Appeal:

(a) whether the "appropriate Government" to refer an industrial dispute for adjudication under Sec.10 is the State Government, within whose territorial jurisdiction the workman was working and orders of dismissal had been received; or the State Government within whose territorial jurisdiction the head office of or the industrial undertaking; is located and where the orders dismissing the workman have been passed? and

(b) whether the State Government have once declined to refer an industrial dispute for adjudication under Sec.10 (1) (c) is competent to change its mind and refer that very industrial dispute for adjudication?

2. A broad brush of factual backdrop will help in resolving the forensic controversy.

3. Ram Lal, appellant, was appointed as Land Evaluation Officer by the Punjab State Cooperative Land Mortgage. Bank Limited, Chandigarh (hereinafter called "the Bank"), on 9th November, 1968, on regular basis. In April, 1972, he was sent on deputation to the Bhatinda Primary Co-operative Land Mortgage Bank Limited at Bhatinda. The appellant became a member of the union of the employees of














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