The Industrial Disputes Act was passed in 1947 and was brought into force on April 1, 1947.
76 5 S. Bobde G. L. Sanghi and Sardar Bahadur, for the appellant.
Appeal from the judgment and order dated August 25, 1962 of the Bombay High Court Nagpur Bench at Nagpur in Special Civil Application No.
The C.P. Berar Industrial Disputes Settlement Act 23 of 1947 came into force on June 2, 1947 but only the first section was then brought into force.
The Mills attempted to establish that the dispute companyld number be tried under the Central Act but only under the P. Berar Act and further that even if the Central Act applied the calculation of the amount companyld number be made under s. 33C of the Industrial Disputes Act as that required proceedings other than those companytemplated by that section.
360 of 1961.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The proceedings were companymenced by an application to the Second Labour Court, Bombay under s. 33C 1 of the Industrial Disputes Act, 1947 Act XIV of 1947 .
525 of 1964.
The Mills objected on various grounds including firstly that the Second Labour Court had numberjurisdiction to hear the case as the dispute fell to be tried under the C.P. Berar Industrial Disputes Settlement Act, 1947 and, secondly, that the application under s. 33C, in any event, was incompetent.
The respondents are claiming from the Mills companypensation for lay off from March 5, 1960 to October 22, 1960.
Later, the remaining sections were brought into force by a numberification dated November 20, 1947 in all industries except the Textile Industry.
Janardan Sharma for respondent No.
It may be pointed out here that there were similar applications for company pensation for lay off by the other workmen of the Mills and on this preliminary point they were all heard together.
The Second Labour Court held against the Mills on both the grounds.
The Judgment of the Court was delivered by Hidayatullah, J. In this appeal by certificate against the judgment of the Bombay High Court dated August 25, 1962 the appellant is the Sawatram Ramprasad Mills Co., Ltd., Akola and the respondents two of the workmen of the Mills.
W. Dhabe and A. G. Ratnaparkhi, for the intervener.
