MUNICIPAL COMMISSIONER OF THE BUDGE BUDGE MUNICIPALITY Vs. P.R. MUKHERJEE
LAWS(CAL)-1950-6-14
HIGH COURT OF CALCUTTA
Decided on June 01,1950

Municipal Commissioner Of The Budge Budge Municipality Appellant
VERSUS
P.R. Mukherjee Respondents

JUDGEMENT

HARRIES, C.J. - (1.) THESE are two Rules which have been issued in connection with an award made by an Industrial Tribunal. An application was made for the issue of a writ of certiorari or prohibition on the adjudicator concerning an award which be had made. In the application it was prayed that a writ of certiorari should issue for removing the proceedings to this -Court and quashing the same. In the alternative it was prayed that an order, restraining the adjudicator from giving effect to the said award or from taking any steps in pursuance thereof, should be made.
(2.) ANOTHER application was made for a Rule to issue under Article 227 of the Constitution of India and in that application similar prayars were made. The application for a writ of certiorari was heard by Bachawat J. sitting on the original side. He had jurisdiction to deal with that matter, but he had no jurisdiction to deal with the application made under Article 227 of the Constitution. He therefore referred both the matters to me and I directed that both the matters should be heard by this Bench. They have accordingly been heard together.
(3.) THE matters arise out of a dispute between the employees of the Badge Budge Municipality and the Commissioners of the Municipality. It. appears that on 12th May 1948, a so -called charter of demands was submitted by the Trades Union representing the employees of the municipality. An increase of pay was demanded and on 23rd September 1948 certain increments of pay were sanctioned by the Municipality with effect from the month of August, 1948.;


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