An industrial dispute having been raised by the respondent union because of the number absorption of 11 workmen, the State Government companystituted an Industrial Tribunal companysisting of Mr. Kurian, under s. 7 of the Industrial Disputes Act, as it stood on that date, on May 1.3, 1955 and referred the following dispute to him Whether the retrenched workmen referred to in the Annexures A, B and C of the Award of the Industrial Triuunal, in the Industrial dispute between the workmen and employers of Rai Sahib Ramdayal Ghasiram Rice, Ginning and Oil Mills, Peddapally dated 1.,
Some of the retrenched workmen were reemployed by the Mills but evidently at lower wages than before.
The closure was found to be bona fide and the workmen were awarded retrenchment benefit.
B. 189/54/134 dated 15 10 1954 the Rajapramukh hereby companystitutes an Industrial Tribunal companysisting of Shri Bhikaji Patil as its sole member for the adjudication of industrial disputes in accordance with the provisions of the said Act, with immediate effect.
January, 1953 are entitled for reinstatement and companypensation for unemployment after reopening of the said Mills.
Appeal from the order dated October 15, 1956, of the Bombay High Court in special Civil Application No.
It may be mentioned that shortly after the Tribunal was companystituted and reference made to it, Mr. Kurian retired in companysequence of which the Government of Hyderabad made the following numberification on June 2, 1955 In exercise of the powers companyferred by sub section 1 of section 7 of the Industrial Disputes Act 1947 XIV of 1947 and in supersession of the Labour Department Notification No.
The mills, however, reopened on November 14, 1954, though their operations were carried on a reduced scale for avoiding further losses.
CIVIL APPELLATE JURSIDICTION Civil Appeal No.
The relevant facts are these Rai Sahib Ramdayal Ghasiram Oil Mills hereinafter referred to as the Mills were closed on September 1, 1952 on the ground that they had sustained heavy losses.
226 and 227 of the Constitution.
Bishan Narain and K. L. Mehta, for the appellant.
593/1960.
2832 of 1956.
The judgment of the Court was delivered by MUDHOLKAR, J. This is an appeal by a certificate from the summary dismissal by the Bombay High Court of a writ petition under Arts.
The respondent did number appear.
December 10.
The respondents case before the Tribunal was that after the reopening of the Mills all the former employees were entitled to be given preference over others and were also entitled to re employment on the same wages as obtained at the date of closure.
