BENGAL CHEMICAL & PHARMACEUTICALWORKS LTD., CALCUTTA vs THEIR WORKMEN

The Supreme Court held that the Government has the authority to transfer a reference from one Tribunal to another under the Industrial Disputes Act, 1947, as amended by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, and the Industrial Disputes (Amendment) Act, 1957. The Court ruled that a new agreement between employees and the employer, despite a prior award not being formally terminated, supersedes the previous award. Furthermore, the Court clarified that Article 136 of the Constitution grants discretionary power to the Supreme Court to grant special leave to appeal, but this must be exercised judiciously in cases of principle violation.