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september 1962

Supreme Court of India · 1962-09-25

JASWANT SUGAR MILLS LTD., MEERUT vs LAKSHMICHAND AND OTHERS

Citation / case number
SC 1961/32
Court
Supreme Court of India
Petitioner
JASWANT SUGAR MILLS LTD., MEERUT
Respondent
LAKSHMICHAND AND OTHERS
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 a Conciliation Officer under Clause 29 of the U.P. Industrial Disputes Act, 1947 must act judicially in granting or refusing permission to alter the terms of employment, but is not a tribunal under Article 136 of the Constitution of India. Therefore, an appeal against the Conciliation Officer's direction is not competent. The Court further clarified that under Section 2(c)(iii) of the Industrial Disputes (Appellate Tribunal) Act, 1950, a Conciliation Officer does not qualify as an 'authority' for adjudicating industrial disputes, making appeals against their orders non-maintainable under Section 4 of the same Act.

JASWANT SUGAR MILLS LTD., MEERUT vs LAKSHMICHAND AND OTHERS · Niyam