SHAW WALLACE AND CO LTD Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-
HIGH COURT OF MADHYA PRADESH
SHAW WALLACE AND CO LTD
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-
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(1.) BY this application under Articles 226 and 227 of the Constitutions, the petitioners Shaw Wallace and Co. , Ltd. , seek the grant of certiorari for quashing as award dated 9 July 1968 of the Central Government Industrial Tribunal cum-Labor Court, Jabalpur (hereinafter referred to as the " industrial tribunal" ). and also apply for a direction in the nature of mandamus for restraining the implication of the same, in the manner threatened or in any other manner whatever.
(2.) UNDER Section 10 (1) (d) of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government referred to the industrial tribunal, the following dispute between the employer in relation to Shaw Wallace and Co. , Ltd. , and their workmen, for its adjudication: Whether the action of the management Of Shaw Wallace and Co. , Ltd. , Post Office Parasia, District Chhindwara (Madhya Pradesh) in stopping from work Sarfaraz Khan, son of Ramzan, pump khalasi, Wallace Pit, Chhindwara (Madhya Pradesh) with effect from 28 September 1967, is justified? If not, to what relief is the workman entitled? [vide, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) Notification No. 5/88-67 IR, II, dated 25 January, 1968 ]
(3.) THE facts leading to this reference were these. The Panch Valley Coal Company, Ltd. , of which Shaw Wallace and Co. , Ltd. , are the managing agents, by a notice of charge dated 99 August 1967, purporting to be under Section 9a of the Industrial Disputes Act, 1947. directed that with effect from 19 September 1967, the conditions of service of one Sarfaraz khan a pump khalsi under category III employed in incline No. 6 of its Chandamatta Colliery, shall stand charged those of a general mazdoor in category I. It appears that the said Sarfaraz Khan had been in the employment of the colliery for over thirty years, and had been in the category of a pump khalasi for nearly 28 years, at the time of his change. The notice of change was in these terms:
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