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The Travancore Sugars and Chemicals Ltd. Vs. the State of Kerala and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKerala High Court
Decided On
Case NumberO.P. No. 7 of 1956 (K)
Judge
Reported inAIR1958Ker217; (1958)IILLJ208Ker
ActsIndustrial Disputes Act, 1947 - Sections 2 and 10; Constitution of India - Article 226
AppellantThe Travancore Sugars and Chemicals Ltd.
RespondentThe State of Kerala and anr.
Appellant Advocate G.B. Pai and; P. Govindan Nair, Advs.
Respondent AdvocateAdv. General
DispositionApplication dismissed
Excerpt:
labour and industrial - jurisdiction - sections 2 and 10 of industrial disputes act, 1947 and article 226 of constitution of india - questions arose whether boatmen were workmen or not - whether relationship of employer and workmen exist - by its order government referred these questions to tribunal - petition filed seeking quashment of order - lack of jurisdiction contended by petitioner - order passed by government was administrative order not amenable to be quashed by proceedings initiated under article 226 - as per provisions tribunal had jurisdiction to decide questions referred by government - tribunal directed to proceed further. - .....of a writ of certiorari or other appropriate writ, order or direction, or in the alternative to issue a writ directing the 2nd respondent to forbear from proceeding with the enquiry in pursuance of the notification ex. a; and (b) to pass such other and further writs, orders or directions as are deemed just and proper in the circumstances of the case. 2. the 1st respondent is the state of kerala represented by the labour secretary to government, trivandrum and 2nd respondent is the-industrial tribunal, alleppey. 3. ex. a referred to above is the order dated 30-10-1956 of the former government of travancore-cochin referring a dispute as an industrial dispute for adjudication to the industrial tribunal, alleppey which is the 2nd respondent in this application. the said order runs as.....
Judgment:
ORDER

C.A. Vaidialingam, J.

1. This is an application under Article 226 of the Constitution of India by Messrs. Travancore Sugars and Chemicals Ltd., Management of the Pamba River Factory, Thiruvella praying that this court be pleased (a) to call for the records of the case and to quash the order of reference No. L. Dis. 4270 of 1956 dated 30-10-1956 (produced along with the affidavit and marked 'A' for identification), by the issue of a writ of certiorari or other appropriate writ, order or direction, or in the alternative to issue a writ directing the 2nd respondent to forbear from proceeding with the enquiry in pursuance of the Notification Ex. A; and (b) to pass such other and further writs, orders or directions as are deemed just and proper in the circumstances of the case.

2. The 1st respondent is the State of Kerala represented by the Labour Secretary to Government, Trivandrum and 2nd Respondent is the-Industrial Tribunal, Alleppey.

3. Ex. A referred to above is the order dated 30-10-1956 of the former Government of Travancore-Cochin referring a dispute as an Industrial dispute for adjudication to the Industrial Tribunal, Alleppey which is the 2nd respondent in this application. The said order runs as follows:

'Government of Travancore-Cochin

Labour Department

No.L.Dis. 4270/56/DD. D/- Trivandrum, 30-10-1956


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