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PARRY & CO. LTD. v. COMMERCIAL EMPLOYEES' ASSOCIATION,MADRAS.

Supreme Court of India | Diary 54/1951

Status

Judgment

Decided On

1952-04-10

Bench

MUKHERJEA, B.K.

Petitioner

PARRY & CO. LTD.

Respondent

COMMERCIAL EMPLOYEES' ASSOCIATION,MADRAS.

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Full Judgment Text

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PETITIONER: PARRY & CO. LTD.

Vs.

RESPONDENT: COMMERCIAL EMPLOYEES’ ASSOCIATION,MADRAS.

DATE OF JUDGMENT: 10/04/1952

BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. FAZAL ALI, SAIYID DAS, SUDHI RANJAN

CITATION: 1952 AIR 179 1952 SCR 519 CITATOR INFO : R 1955 SC 233 (21) R 1958 SC 398 (19) E 1965 SC 111 (14,15)

ACT: Certiorari--Writ cannot be issued unless there is want of, or error in exercise of, jurisdiction--Madras Shops and Establishments Act, 1947, s. 51--Decision of Labour Commis- sioner--Finality of.

HEADNOTE: The High Court cannot issue a writ of certiorari to quash a decision passed with jurisdiction by a Labour Com- missioner under the Madras Shops and Establishments Act, 1947, an the mere ground that such decision is erroneous. Under s. 51 of the Madras Shops and Establishments Act, 1947, the Labour Commissioner is the only proper and compe- tent authority to.determine the questions referred to him under that section and the decision of the Labour Commis- sioner is final and not liable to be challenged in a Court of law.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 154 of 1951. Appeal from a judgment and order of the 1st April, 1949, of the High Court of Judicature, Madras (Rajamannar C.J. and Balakrishna Aiyar J.) in Civil Miscellaneous Peti- tion No. 1317 of 1949 arising out of Orde...

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