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1951 Supreme(SC) 20

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


Advocates:
ATUL CHANDRA GUPTA, B.K.CHOUDHRY, C.K.DAFTARY, CHARAN DAS PURI, G.C.MATHUR, GANPAT RAI, JAMSHEDJI B.KANGA, M.C.SETALVAD, M.M.SEN, NAUNIT LAL, Navnit Lal, NIREN DEY, P.A.Mehta, R.J.KOLAG, R.K.BANERJI, RAJINDAR NARAIN, RAJINDER NARAIN NATH, RANBIR SAWHNEY, S.Chaudhary, S.M.Sikri, S.N.MUKHERJEE, T.R.Bhasin

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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