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october 1962

Supreme Court of India · 1962-10-18

THE ENGINEERING MAZDOOR SABHA REPRESENTING WORKMEN EMPLOY vs THE HIND CYCLES LTD., BOMBAY(And Connected Appeal)

Citation / case number
SC 1962/26
Court
Supreme Court of India
Petitioner
THE ENGINEERING MAZDOOR SABHA REPRESENTING WORKMEN EMPLOY
Respondent
THE HIND CYCLES LTD., BOMBAY(And Connected Appeal)
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that an arbitrator appointed under Section 10A of the Industrial Disputes Act, 1947, does not qualify as a tribunal under Article 136 of the Constitution of India, despite the quasi-judicial nature of his decisions. The Court ruled that appeals against such awards cannot be made under Article 136, as the arbitrator's powers stem from the parties' agreement and not from state authority. The judgment clarified the binding nature of arbitration awards under Section 18(2) of the Act.

THE ENGINEERING MAZDOOR SABHA REPRESENTING WORKMEN EMPLOY vs THE HIND CYCLES LTD., BOMBAY(And Connected Appeal) · Niyam