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february 1978

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.

SHAMBU NATH GOYAL vs BANK OF BARODA, JULLUNDUR · Niyam