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1950 Supreme(SC) 23

B. K. MUKHERJEE, H. J. KANIA, M. C. MAHAJAN, M. PATANJALI SASTRI, S. MURTAZA FAZAL ALI
Bharat Bank LTD. – Appellant
Versus
Employees Of The Bharat Bank LTD. – Respondent


Advocates:
ALLADI KRISHNASVAMI IYER, B.SEN, BAKSHI TEK CHAND, GANPAT RAI, JINDRA LAL, P.A.Mehta, R.R.BISWAS, S.K.KAPOOR, Veda Vyasa

Judgment

Kania C.J.I. - I have read the judgments prepared by Messrs. Fazl Ali, Mahajan and Mukherjea JJ. in this case. As the views in those judgments in respect of the nature of the duties and functions of the Industrial Tribunal do not show agreement I consider it necessary to add a few words of my own.

2. In my opinion, the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial junctions, although it is not a Court. The rules framed by the Tribunal require evidence to be taken and witnessess to be examined, cross examined and re-examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from these of an ordinary civil Court and it has jurisdiction and powers to give reliefs which a civil Court administering the law of the land (for instance, ordering the reinstatement of a workman) does not passes in the discharge of its duties it is essentially working as a judicial body. The fact that its determination has to be followed by an order of the Government which makes the award binding, or that in cases whe








































































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