S. K. Sastri, for the respondent.
Appeal by special leave from the Decision dated October 9, 1956 of the Labour Appellate Tribunal of India, Bombay, in Appeal Bom.
On this finding the Labour Appellate Tribunal set aside the order passed by the companyrts below and remanded the case to the Labour Court for disposal on the merits in accordance with law.
C. Setalvad, Attorney General of India, S. N. Andley, B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
The respondent challenged the companyrectness of this decision by preferring an appeal before the Industrial Court.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. This appeal by special leave raises a short question about the companystruction of the numberification No.
1131 46 issued by the Government of Bombay on October, 4, 1952, under s. 2 4 of the Bombay Industrial Relations Act, 1946 Bom.
Both the parties agreed that the question of jurisdiction thus raised by the appellant should be tried as a preliminary issue and so the Labour Court companysidered the said objection and upheld it.
March 15.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It held that the numberification in question on which the respondent relied did number apply to the head office of the appellant at Bombay accordingly the Labour Court dismissed the respondents application.
135 plus Rs.
The respondent, who was a stenographer employed by the appellant, the Godavari Sugar Mills Ltd., at its head office in Bombay was dismissed by the appellant on April 22, 1955.
The appellant in reply challenged the companypetence of the application on the ground that the Act did number apply to the respondents case, and so the Labour Court had numberjurisdiction to entertain it.
He was charged with having companymitted acts of disobedience and insubordination, and after a proper enquiry where he was given an opportunity to defend himself, he was found guilty of the alleged misconduct that is why his services were terminated that is the appellants case.
27 as dearness allowance.
11 of 1947 hereinafter called the Act .
425 of 1958.
111 of 1956.
