B. K. MUKHERJEE, H. J. KANIA, M. PATANJALI SASTRI, S. R. DASS, S. MURTAZA FAZAL ALI, VIVIAN BOSE, M. C. MAHAJAN
Union Commercial Bank LTD. – Appellant
Versus
Their Workmen – Respondent
Judgment
Kania, C.J.I.. (On behalf of himself and Mahajan, Das and Bose JJ.) - In these appeals the question whether the Industrial Tribunal ( Bank Disputes) had jurisdiction to make the awards has been directed by the Ct. to be tried as a preliminary issue. The decision depends on the true construction of Ss. 7, 8, 15 &16 Industrial Disputes Act. On this question, the agreed statement of facts shown that by a notfn. of the Govt. of India dated 13-6-1949, the Central Govt. constituted an Industrial Tribunal for the adjudication of industrial disputes in banking cos. consisting of Mr. K. C. Sen, Chairman, Mr. S. P. Varma & Mr. J. N. Mazumdar. A second notfn. dated 24-8-1949 was thereafter issued as follows:
"In exercise of the power conferred by sub s. (1), S. 8, Industrial Disputes Act, the Central Govt. was pleased to appoint Mr. N. Chandrasekhara Aiyar as a member of the Industrial Tribunal constituted by the notfns. of the Govt. of India in the Ministry of Labour dated 13-6-1949, in the place of Mr. S. P. Varma whose services have ceased to be available"
The Tribunal commenced its regular sittings at Bombay from the 12 to 16-9-1949. It thereafter sat at Delhi & Patna between 19-9-1
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