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PETITIONER: GODAVARI SUGAR MILLS LTD.
Vs.
RESPONDENT: KEPARGAON TALUKA SAKHAR KAMGARSABHA, SAKARWADI
DATE OF JUDGMENT: 16/12/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1961 AIR 1016 1961 SCR (3) 342
ACT: Industrial Dispute-System of contract labour-Abolitions by Industrial Court--Jurisdiction-If violative of employer’s fundamental right to carry on business-Bombay Industrial Relations Act, 1947(11 of 1947), ss. 3(18), 42(2), 73A, Item (2) SCh. 11, Item (6) Sch. III--Constitution of India, Art. 19(1)(g).
HEADNOTE: A dispute having arisen between the appellant-employer and its workmen regarding the employment of contract labour in the appellant’s mills, the union representing the workmen which is the respondent in the present case after serving notice on the appellant under s. 42(2) of the Bombay Industrial Relations Act made reference to the Industrial Court under S. 73A of the Act demanding the abolition of the system of employing contractors’ labour and the permanent increment of employees in the respective departments. The contention of the appellant, inter alia, was that the Industrial Court had no jurisdiction to decide the dispute which was within the exclusive jurisdiction of a Labour Court under item (6) of Sch. III of the Act, and that any award directing the abolition ...