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1954 Supreme(All) 45

MALIK, SAPRU, V. BHARGAVA
Basti Sugar Mills Co. Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates:
G.S. Pathak, R.S. Pathak and V.D. Bhargava, for Applicant; Standing Counsel, for Opposite Parties.

Judgement

MALIK, CJ. :-I have carefully considered the judgments prepared by my brothers Sapru and Bhargava. On the points on which they are in agreement I have nothing to add. On one point, however, they have differed. Bhargava, J. has held that the order passed by the U.P. Government under S. 3(b), U.P. Industrial Disputes Act (U.P. Act No. 28 of 1947) about payment of bonus for the years 1947-48 and 1948-49 was invalid as the U.P. Government had no authority to pass an order determining the conditions of service of the workmen with retrospective effect and, in any case, such bonus could be payable only to the workmen who were in service in those years. My brother, Sapru, has, however, taken a different view.

2. As has been pointed out by my brother Bhargava, the Industrial Disputes Act, 1947 (Act No. 14 of 1947) deals with settlement of industrial disputes by Conciliation Officers or Boards of Conciliation or by Industrial Tribunals, Courts of Inquiry have also been provided for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. An industrial dispute can no doubt arise not only with regard to the terms of employment in "praesenti or in f



















































































































































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