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Workmen of Buckingham and Carnatic Mills and ors. Vs. State of Tamil Nadu and ors. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Judge
Reported in(1984)ILLJ551SC; 1984Supp(1)SCC622
ActsIndustrial Disputes Act - Sections 36A
AppellantWorkmen of Buckingham and Carnatic Mills and ors.
RespondentState of Tamil Nadu and ors.
Excerpt:
.....notifications. the fact that neither s. 4 nor s. 23 of the principal act are altered does not make any difference. [89 d-h, 85 h] section 4 of the amending act must therefore be struck down as invalid. [90 a] - we are satisfied that a reference ought to have been made under section 36a of the industrial disputes act and we accordingly issue a writ of mandamus directing the state of tamil nadu to make a reference for interpretation and implementation of tripartite settlement dated june 6, 1981 to the authority to whom it could be made under section 36a of the act within 30 days from today......buckingham mills ought to be made to the industrial tribunal.2. we heard mr. c.s. vaidyanathan, learned counsel for the appellant and mr. a.v. rangam, learned counsel for the state and mr. g.b. pai, learned counsel for the mill-management.3. having considered all the aspects of the matter. we are satisfied that a reference ought to have been made under section 36a of the industrial disputes act and we accordingly issue a writ of mandamus directing the state of tamil nadu to make a reference for interpretation and implementation of tripartite settlement dated june 6, 1981 to the authority to whom it could be made under section 36a of the act within 30 days from today.4. the appeal is disposed of accordingly with no order as to costs. the other points involved in the appeal are also.....
Judgment:
ORDER

1. The narrow question involved in this matter is whether a reference under Section 36A of the Industrial Disputes Act for interpretation and enforcement of a settlement between the workmen of the Buckingham Mills and Management of the Buckingham Mills ought to be made to the Industrial Tribunal.

2. We heard Mr. C.S. Vaidyanathan, learned Counsel for the appellant and Mr. A.V. Rangam, learned Counsel for the State and Mr. G.B. Pai, learned Counsel for the Mill-Management.

3. Having considered all the aspects of the matter. We are satisfied that a reference ought to have been made under Section 36A of the Industrial Disputes Act and we accordingly issue a writ of mandamus directing the State of Tamil Nadu to make a reference for interpretation and implementation of tripartite settlement dated June 6, 1981 to the authority to whom it could be made under Section 36A of the Act within 30 days from today.

4. The appeal is disposed of accordingly with no order as to costs. The other points involved in the appeal are also raised in the writ petition and the disposal of the appeal would not amount to rejection of the points and they are kept open.


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