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PETITIONER: THE STATE OF BIHAR
Vs.
RESPONDENT: D. N. GANGULY & OTHERS
DATE OF JUDGMENT: 22/08/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. AIYYAR, T.L. VENKATARAMA SARKAR, A.K.
CITATION: 1958 AIR 1018 1959 SCR 1191
ACT: Industrial Dispute-Supersession of adjudication Pending before industrial tribunal-Validity-power of appropriate Government Industrial Disputes Act, 1947 (XIV of 1947), S. 10(1)-General Clauses Act, 1897 (10 of 1897), s. 21.
HEADNOTE: Section 10(1) of the Industrial Disputes Act, 1947, does not confer on the appropriate Government the power to cancel or supersede a reference made thereunder in respect of an industrial dispute pending adjudication by the tribunal constituted for that purpose. Nor can s. 21 of the General Clauses Act, 1897, vest such a power by necessary implication. It is well settled that the rule of construction embodied in S. 21 of the General Clauses Act can apply to the provisions of a statute only where the subject matter, context and effect of such provisions are in no way inconsistent with such application. So judged it is clear that that section cannot apply to s. 10(1) of the Industrial Disputes Act. Minerva Mills Ltd. v. Their Workmen, [1954] S. C. R. 465, held inapplicable. 1192 Strawboard Manufacturing Co. Ltd. v. Gutta Mill Workers’ Union, [1953] S....