BROWN & CO LTD v. ROBERTS
1946 Present:
Dias J.
BROWN & CO., LTD., Petitioner, and Roberts,
Respondent.
303-Application for a write of certiorari against T. W. Roberts.
Writ of Certiorari-Essential
services (Avoidance of Strikes and Lockouts) Order, 1942, s. 6-Meaning of
?trade dispute?-Power of Tribunal appointed to settle dispute.
K, a workman employed in an essential service, was dismissed
by his employer, B & Co. Thereupon, the trade union to which K and a large
number of other workmen in B & Co. belonged presented a petition on their behalf
stating that K had been wrongly dismissed and that he should be reinstated.
Held, that a ?trade dispute? had arisen within the
meaning of section 6 (2) of the Essential Services (Avoidance of Strikes and
Lock-outs) Order, 1942.
Held, further, that the person appointed as tribunal
to settle the dispute had jurisdiction to award damages to K on the ground of
wrongful dismissal.
APPLICATION
for a writ of certiorari
A labourer named Kittu who was employed under Messrs. Brown &
Co., Ltd., an engineering firm, engaged in performing ?essential services? was
dismissed from his employment. Complaint was made by a trade
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