http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8
PETITIONER: THE ASSOCIATED CEMENT COMPANIES LTD.
Vs.
RESPONDENT: THEIR WORKMEN
DATE OF JUDGMENT: 03/03/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K. GUPTA, K.C. DAS
CITATION: 1960 AIR 777 1960 SCR (3) 157 CITATOR INFO : R 1960 SC1012 (5) D 1969 SC 306 (11)
ACT: Industrial Dispute-Award-Notice, of Termination-Whether can be given by minority union-Industyial Disputes Act, 1947, (14 Of 1947), ss. 18, 19(6).
HEADNOTE: The appellant’s workmen were represented by a Union called Kamdar Mandal Cement Works, Porbandar. The registration of the said union was cancelled and that led to the formation of two Unions, the Cement Kamdar Mandal and Cement Employees Union. The Cement Kamdar Mandal gave two notices one after another to the appellant, purporting to terminate two previous awards, wherein the defunct union represented the workmen. Thereafter the Mandal presented fresh demands and the dispute was referred to the Tribunal. The second union, the Cement Employees’ Union which represented the majority of the appellant’s workmen at Porbandar had been impleaded in the proceedings. The appellant raised preliminary objections before the Tribunal against the competency of the reference inter alia on the ground that the award in question by which the parties were bound had not been duly terminated under s....