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1965 Supreme(MP) 152

P.V.DIXIT, R.J.BHAVE
Mishra (R. N. ) – Appellant
Versus
Burn and Co. Ltd. Refractory and Ceramic Works – Respondent


JUDGMENT :

( 1. ) THIS application under Atricles 226 and 227 of the Constitution is by an employee of the Burn and Co. , Ltd. , Niwar, district Jabalpur, (hereinafter called the company), of which the respondent is the works manager. The applicant is also the general secretary of the Burn and Co. Mazdoor Sangh. He seeks a writ of certiorari for quashing the determination of the labour court, Jabalpur, and of the industrial court, Madhya Pradesh, that the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as the Act), applies to Burn and Co. Ltd. , Niwar, district Jabalpur, an undertaking styled as "refractory and ceramic works" and engaged in the manufacture of fire-bricks, and, therefore, the labour court has jurisdiction to entertain an application filed by the works manager under Sections 61 (1) (A) and (C) and 80 of the Act for a declaration that the employees of the company had gone on an illegal strike from 1 March 1965. The petitioner also prays that a direction prohibiting the labour court from entertaining and proceeding with the aforesaid application of the respondent be issued.

( 2. ) SECTIONS 1 and 112 of the Act came into force on 31 December 1960. I








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