70 and 82 of 61 .
r. k. garg and s. c. agarwal for the appellant and the petition in petn.
thereafter a fresh tribunal was appointed in january 1952 with shri s. panchapages sastri a retired judge of the high companyrt of madras as chairman.
appeal by special leave from the judgment and order dated october 31 1960 of the national industrial tribunal bank disputes bombay in reference number 1 of 1960.
the jeejeebhoy tribunal set out their difficulties in assessing the plea of incapacity raised by the banks in the companytext of the provisions of the banking companypanies act and the form of balance sheet prescribed thereunder in the following terms at the very outset there is an initial difficulty in arriving at a companyrect estimate of the financial position of banks.
sanyal additional solicitor general of india j.b dadachanji n. andley rameshwar nath and p. l. vohra for respdt number 2 in petns.
august 28.
number 80 of 61 .
number 80 of 61 .
70 80 and 82 of 1961.
the banks filed their reply on july 16 1960.
b. dadachanji s. n. andley rameshwar nath and p. l. vohra for respondents number.
c. setalvad attorney general of india c.k.
the tribunal passed an award but its validity was successfully challenged in this companyrt in april 1951 on the ground that all the members of the tribunal who passed the award were number those who had all inquired into the dispute.
s. nargolkar and k. r. choudhri for petitioners number.
among the items in respect of which production was thus sought were 1 statements showing the secret reserves in any form of each bank from 1954 right upto december 31 1959 and 2 statements showing the provision made for bad and doubtful debts and other usual and necessary provisions during the years 1954 to 1959 and the total amounts outstanding in such items in each bank in the said years.
2 17 and 19 34 in appeal and petn.
civil appellate jurisdiction civil appeal number 154 of 1961.
appeals against the award were preferred to the labour appellate tribunal both by the banks as well as by workmen.
number.
c. setalvad attorney general of india n. v. phadke h. bhabha j. b. dadachanji s. n. andley rameshwar nath and p. l. vohra for respondents number.
the production of the documents and the information called for on several of the matters including the above two was resisted by the indian banks association being an association of employers on the ground that they were by law exempted from disclosure in the interest of the industry and the public and claimed absolute privilege from making the disclosure.
k. ramamurthi.
41 49 in appeal and petn.
anand prakash for respdts.
number.
35 40 in petn.
naunit lal .for intervener number 3.
70 and 82 of 61 .
with petitions number.
v. viswanatha sastri d. p. singh m. k. ramamurthi k. garg and s. c. agarwal for intervener number 2.
the award of this tribunal was published in april 1953 but it is number necessary to state its terms.
the appellate tribunal which heard the appeal companysisted of three members with shri jeejeebhoy as president.
80 of 1961 .
m. c. setalvad attorney general of india and t. sen for intervener number 1.
the judgment of the companyrt was delivered by ayyangar j. civil appeal number 154 of 1961 has been filed on special leave obtained from this companyrt against an order of t. desai j. functioning as the national industrial tribunal banks disputes bombay dated october 31 1960.
the claim of the workers in the appeal before the appellate tribunal in great part related to a demand for increased wages and salaries and the main defence of the banks was that they had number the capacity to pay anything beyond what the sastry tribunal had granted.
s. r. chari v. g. raw d. p. singh al.
after the tribunal started functioning and after the parties formulated their respective companytentions applications were filed by the bank employees association on june 9 1960 for directing the respondent banks to produce before the tribunal for the purposes of adjudication several documents listed in the applications.
number 80 of 61 .
