Supreme Court of India · 1978-02-02
SHAMBU NATH GOYAL vs BANK OF BARODA, JULLUNDUR
- Citation / case number
- SC 1980/63470
- Court
- Supreme Court of India
- Petitioner
- SHAMBU NATH GOYAL
- Respondent
- BANK OF BARODA, JULLUNDUR
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 2(k) of the Industrial Disputes Act, 1947, a written demand is not a prerequisite for the existence of an industrial dispute. The Court clarified that an industrial dispute can arise from a real and substantial difference between employers and workmen, and the Government has the authority to refer disputes even when they are apprehended. The Tribunal's finding that no demand was made was erroneous, as the workman had claimed reinstatement during the appeal process and conciliation, thus establishing the existence of an industrial dispute. The appeal was allowed, and the Tribunal's decision was set aside.