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december 1962

Supreme Court of India · 1962-12-10

RAI SAHIB RAMDAYAL GHASIRAMOIL MILLS vs THE LABOUR APPELLATE TRIBUNALAND ANOTHER

Citation / case number
SC 1960/237
Court
Supreme Court of India
Petitioner
RAI SAHIB RAMDAYAL GHASIRAMOIL MILLS
Respondent
THE LABOUR APPELLATE TRIBUNALAND ANOTHER
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that under Section 7(1) of the Industrial Disputes Act, 1947, the Government has the authority to constitute a Tribunal, but a specific reference under Section 10 is necessary for the Tribunal to have jurisdiction to adjudicate disputes. The Court ruled that Section 25(H) of the Industrial Disputes Act, as amended in 1953, does not apply retrospectively to workmen retrenched before its enactment, thus denying the Tribunal the jurisdiction to grant relief based on social justice principles for disputes arising prior to the section's enforcement. The appeal was dismissed, affirming the Tribunal's lack of jurisdiction in this case.

RAI SAHIB RAMDAYAL GHASIRAMOIL MILLS vs THE LABOUR APPELLATE TRIBUNALAND ANOTHER · Niyam