DABUR (DR. S. K. BURMAN) PRIVATE LTD. DEOGHAR, BIHAR versus THE WORKMEN

DABUR (DR. S. K. BURMAN) PRIVATE LTD. DEOGHAR, BIHAR versus THE WORKMEN

The alteration in the order of reference was a mere correction of a clerical error substituting 'Ranchi' for 'Patna'. Such clerical errors can be corrected by the Government and do not amount to withdrawal or cancellation of the original reference, thus conferring jurisdiction on the Labour Court, Ranchi.

Source-derived case information.

Parties
Appellant: Dabur (Dr. S. K. Burman) Private Ltd.; Respondent: The Workmen
Jurisdiction
India
Judgment Date
26 July 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 23, 1966 of the Patna High Court in Misc. Judicial Case No. 118 of 1963
Outcome
Appeal dismissed with costs.
Legal Topics
Industrial Dispute, Correction of Clerical Error in Reference, Jurisdiction of Labour Court, Reinstatement of Workmen
Labour Law Industrial Dispute Correction of Clerical Error in Reference Jurisdiction of Labour Court Reinstatement of Workmen

Source-derived case record

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Parties

Dabur (Dr. S. K. Burman) Private Ltd.

Appellant

The Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 23, 1966 of the Patna High Court in Misc. Judicial Case No. 118 of 1963

Legal Issues

  1. 1 Whether the State Government could correct a clerical error in the order of reference of an industrial dispute to a Labour Court by substituting 'Ranchi' for 'Patna'.
  2. 2 Whether the Labour Court, Ranchi, had jurisdiction over the reference after the corrigendum.
  3. 3 Whether the discharge of forty workmen was proper and if they are entitled to reinstatement or any relief.

Ratio Decidendi

The alteration in the order of reference was a mere correction of a clerical error substituting 'Ranchi' for 'Patna'. Such clerical errors can be corrected by the Government and do not amount to withdrawal or cancellation of the original reference, thus conferring jurisdiction on the Labour Court, Ranchi.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal fails and is dismissed with costs.