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1968 Supreme(MP) 157

P.V.DIXIT, G.P.SINGH
REWA COAL FIELDS LTD. , DHANPURI, SHAHDOL – Appellant
Versus
CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR – Respondent


Advocates Appeared:
J.N.Bhatnagar, K.K.DUBEY, Y.S.DHARMADHIKARI

SINGH, J.

( 1 ) THE petitioner No. 1. The Rewa Coal Fields Limited owns Burhar and Amlai collieries in Madhya Pradesh. The petitioner No. 2 is the Managing Agent of the petitioner No. 1. The Petitioners by this petition under Article 226 of the constitution challenge a reference of an industrial dispute between them and their workmen made by the Central Government under Section 10 of the Industrial disputes Act, 1947.

( 2 ) IT seems that the petitioners dismissed seventeen of their workmen with effect from 9th June, 1964. An industrial dispute was raised on behalf of the workmen before the Conciliation Officer. No settlement was arrived at and the Conciliation officer reported the matter to the Central Government. The Government, however, declined to refer the dispute to any tribunal. This order was made on 16th June, 1965 under Section 12 (5) of the Act, and it is stated in it that the government of India do not consider the dispute fit for reference to an Industrial tribunal for adjudication because the workmen were dismissed for proved misconduct. It is further stated in it that the union failed to substantiate the allegation of victimisation. Then on 19th March 1966, the Govern







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