I.D.DUA, C.A.VAIDIALINGAM
Workmen Of Firestone Tyre, Rubber Company Of India Private LTD. : General Manager, Larsen And Toubro LTD. : Manager, Larsen And Toubro LTD. , Bombay: Godfrey Phillips India – Appellant
Versus
Management: Sheikh Ismail Mohamed: K. P. Ganghare: Manik Vasudeo – Respondent
Judgment
VAIDIALINGAM, J. :- In these appeals, by special leave, two common questions arise for consideration :
(1) Proper interpretation of S. 11A of the Industrial Disputes Act; and
(2) Whether the above section applies to industrial disputes which have already been referred to for adjudication and were pending as on 15-12-1971.
2. Section 11A was incorporated in the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) by Section 3 of the Industrial Disputes (Amendment) Act, 1971 (hereinafter referred to as the Amendment Act). The Amendment Act passed by Parliament, received the assent of the President on December 8, 1971. Sub-section (2) of Section 1 provided for its coming into force on such date as the Central Government by notification in the official gazette appoints. The Central Government by notification No. F. S. 110-18/- 1/71-LR, I dated 14-12-1971 appointed the 15th day of December, 1971, as the date on which the said Act would come into force. Accordingly, the Amendment Act came into force with effect from December 15, 1971. The Amendment Act introduced various amendments to the Act. In particular by Section 3, it inserted the new Section 11A in the Act. The
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