MINERVA MILLS LTD versus THEIR WORKERS.

MINERVA MILLS LTD versus THEIR WORKERS.

The appropriate government has the power under section 7 of the Industrial Disputes Act, 1947 to constitute an industrial tribunal for a specified period and to form a new tribunal, after expiry of that period, to hear and dispose of pending references. There is no illegality in constituting the tribunal for a fixed period or in the government's subsequent reference of pending disputes to a new tribunal. The new tribunal may proceed from the stage at which the previous tribunal had left the disputes, and there is no requirement to begin de novo, particularly where only issues were framed and no prejudice is caused.

Parties
Appellant: Minerva Mills Ltd.; Respondent: Their Workers
Jurisdiction
India
Judgment Date
08 October 1953
Procedural Posture
Civil Appeals / Supreme Court Decision on Appeals by Special Leave
Outcome
Appeals dismissed.
Legal Topics
Industrial Disputes, Constitution of Tribunals, Powers of State Government Under Industrial Disputes Act
Labour Law Industrial Disputes Constitution of Tribunals Powers of State Government Under Industrial Disputes Act

Case Brief

Summary, issues, holding and outcome

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Parties

Minerva Mills Ltd.

Appellant

Their Workers

Respondent

Procedural Posture

Civil Appeals / Supreme Court Decision on Appeals by Special Leave

Legal Issues

  1. 1 Whether the State Government has power to constitute an industrial tribunal for a fixed period and then constitute a new tribunal upon expiry of that period to dispose of pending references.
  2. 2 Whether the new tribunal so constituted can proceed from the stage reached by the previous tribunal or must begin de novo.
  3. 3 Whether the withdrawal of disputes from the earlier tribunal to the new tribunal was legal and valid under the Industrial Disputes Act, 1947.

Ratio Decidendi

The appropriate government has the power under section 7 of the Industrial Disputes Act, 1947 to constitute an industrial tribunal for a specified period and to form a new tribunal, after expiry of that period, to hear and dispose of pending references. There is no illegality in constituting the tribunal for a fixed period or in the government's subsequent reference of pending disputes to a new tribunal. The new tribunal may proceed from the stage at which the previous tribunal had left the disputes, and there is no requirement to begin de novo, particularly where only issues were framed and no prejudice is caused.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs.