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1969 Supreme(All) 213

R. L. GULATI, R. S. PATHAK
Chitra Cinema, Chowk Varanasi through Sri Anil Kumar Gupta, Partner – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Sidheshwari Prasad , Advocate, for the Applicant; Standing Counsel, for the Opposite Parties

JUDGMENT

Pathak, J. - By this petition under Article 226 of the Constitution the petitioner, Messrs Chitra Cinema, Varanasi, challenges the validity of an award dated April 10, 1969 made by the Labour Court (II) Kanpur.

2. The first contention of the petitioner is that the Labour Court had no jurisdiction to decide the dispute referred to it. It is submitted that the Labour Court, under Section 4-A of the U. P. Industrial Disputes Act, has been conferred power to adjudicate upon industrial disputes relating to any matter specified in the First Schedule to the Act, and that as the dispute, referred to the Labour. Court for adjudication concerns the revision of the rate of wages that is not a matter which falls within the First Schedule, Wages, it is pointed out, is specified as item no. I in the Second Schedule, and therefore a dispute in respect oil wages falls within the exclusive jurisdiction of an Industrial Tribunal constituted under Section 4-B of the Act. The contention is without substance. Section 4-A provides that the State Government may constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the First Schedule a

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