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K.P. Subbiah Vs. State of Madras and ors. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtChennai High Court
Decided On
Case NumberWrit Petn. No. 287 of 1957
Judge
Reported inAIR1959Mad202; (1958)2MLJ611
ActsConstitution of India - Article 226; Industrial Disputes Act, 1947 - Sections 10(1)
AppellantK.P. Subbiah
RespondentState of Madras and ors.
Advocates:R. Gopalaswami Aiyangar, Adv.
DispositionPetition dismissed
Excerpt:
- - in deciding that question, it may be necessary to decide whether the plea of the petitioner is well founded that the workers are not really 'workmen' as defined by the industrial disputes act, 1947. this may be viewed as a juris dictional issue;.....with the adjudication of the industrial dispute rtlgistered as i. d. no. 16 of 1957 on its file. the industrial dispute was taken on file by the industrial tribunal on a reference under section 10(1)(c) of the industrial disputes act, 1947. that reference being administrative in its scope, is outside the purview of correction by the issue of a writ of certiorari.since an industrial dispute has been referred & the industrial tribunal has jurisdiction to take up the enquiry, there can be no writ of prohibition issued at this stage. it is for the industrial tribunal to decide, in the first instance, whether there was an industrial dispute at all. in deciding that question, it may be necessary to decide whether the plea of the petitioner is well founded that the workers are not.....
Judgment:
ORDER

Rajagopalan, J.

1. The petitioner applies under Articles 226 of the Constitution for the issue of a writ of Prohibition to restrain the Industrial Tribunal, Madras, from proceeding with the adjudication of the industrial dispute rtlgistered as I. D. No. 16 of 1957 on its file. The industrial dispute was taken on file by the Industrial Tribunal on a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947. That reference being administrative in its scope, is outside the purview of correction by the issue of a writ of certiorari.

Since an industrial dispute has been referred & the Industrial Tribunal has jurisdiction to take up the enquiry, there can be no writ of prohibition issued at this stage. It is for the Industrial Tribunal to decide, in the first instance, whether there was an industrial dispute at all. In deciding that question, it may be necessary to decide whether the plea of the petitioner is well founded that the workers are not really 'workmen' as defined by the Industrial Disputes Act, 1947. This may be viewed as a juris dictional issue; but it is still for the Industrial Tribunal to decide that question in the first instance.

2. The petition is dismissed.


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