ABDUL RAHIMAN SAHIB T Vs. STATE OF MYSORE
LAWS(KAR)-1966-6-8
HIGH COURT OF KARNATAKA
Decided on June 09,1966

ABDUL RAHIMAN SAHIB (T.) Appellant
VERSUS
STATE OF MYSORE Respondents


Cited Judgements :-

MANAGEMENT OF JOR BAGH DISTRIBUTORS PVT LTD VS. WORKMEN MERCANTILE EMPLOYEES [LAWS(DLH)-1995-5-44] [REFERRED TO]
MANAGEMENT OF JOR BAGH DISTRIBUTORS PRIVATE LIMITED VS. WORKMEN [LAWS(DLH)-1996-5-3] [REFERRED .]
KASHMIR CERAMICS LTD VS. LABOUR COURT [LAWS(J&K)-1979-8-7] [REFERRED TO]


JUDGEMENT

Per Somnath Ayyar, J. - (1.)By an order made by the State Government on 25 January, 1964, an industrial dispute was referred by them to the labour court under S. 10(1) of the Industrial Disputes Act. The petitioner before us who is the proprietor of the beedi factory which is the subject-matter of the reference calls in question the reference made in that way.
(2.)Sri Rangaswami Ayyangar, appearing for the petitioner, submitted to us that the reference was without competence, since, the subject-matter of the reference falls within Sch. III to the Industrial Disputes Act and so the reference could be made only to a tribunal and not to the labour court. He also maintained that the closure of the factory was bona fide and was above reproach. His third submission was that there was an unjustified assumption by the State Government that the persons on whose behalf the reference was sought were workers as defined by the Act.
(3.)We are of the opinion that it is unnecessary to investigate the correctness of the second and that third submission since this writ petition succeeds on the first.


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