YASHODA NANDAN, J.

( 1 ) BY means of a notification dated 28th November, 1972 the State Government under Section 4k of the Industrial Disputes Act referred the following two disputes for adjudication to the Industrial Tribunal, respondent No. 2;

(1) Kya Sevayojkon Dwara parishist ka me ullikhit shramikon ko arthik varsh 1970-71 ka bonus bhugtan na kiya jana uchit tatha/athwa vaidhanik hai? Yadi nahi to, we kis dar evam anya kis vibran sahit bonus pane ke (2) Kya sevayoikon dawara parshist kha me ullikhit shramikon ko 1970-71 ka vibhinna daron par bonus vitarit karna uchit tatha Vaidhanik hai? Yadi nahi, to sambandhit sabhi shramik kis dar se bonus pane ke adhikari hain evam anya kis vivran sahit?

( 2 ) WRITTEN statements were exchanged between the employer, the petitioner, and the union representing the workmen concerned which has been impleaded as respondent No. 1 to the writ petition. The validity of the reference was challenged by the employer on the ground that by reason of Section 39 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, the dispute which had been raised should have been referred to a Tribunal constituted under Industrial Disputes Act, 1947. This c

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