M/S. SERAJUDDIN & CO. versus THEIR WORKMEN

M/S. SERAJUDDIN & CO. versus THEIR WORKMEN

An industrial dispute between employees engaged at the head office (Calcutta) and the employer is not an industrial dispute concerning a mine under s. 2(a)(i) of the Industrial Disputes Act, 1947, as the head office is not a mine. Therefore, the State Government of West Bengal was the appropriate government to refer the dispute for adjudication.

Parties
Appellant: M/S. Serajuddin & Co.; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
01 March 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Order Dated January 17, 1961, of the Fourth Industrial Tribunal, West Bengal in Case No. VIII 71
Outcome
Appeal dismissed
Legal Topics
Industrial Dispute, Appropriate Government, Jurisdiction of Industrial Tribunal, Definition of Mine
Labour Law Industrial Law Industrial Dispute Appropriate Government Jurisdiction of Industrial Tribunal Definition of Mine

Case Brief

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Parties

M/S. Serajuddin & Co.

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Order Dated January 17, 1961, of the Fourth Industrial Tribunal, West Bengal in Case No. VIII 71

Legal Issues

  1. 1 Whether the State Government of West Bengal was the appropriate government to refer the industrial dispute between M/S. Serajuddin & Co. and its workmen to the Tribunal?
  2. 2 Whether a dispute involving the employees of the head office at Calcutta constitutes an industrial dispute concerning a mine under s. 2(a)(i) of the Industrial Disputes Act, 1947?

Ratio Decidendi

An industrial dispute between employees engaged at the head office (Calcutta) and the employer is not an industrial dispute concerning a mine under s. 2(a)(i) of the Industrial Disputes Act, 1947, as the head office is not a mine. Therefore, the State Government of West Bengal was the appropriate government to refer the dispute for adjudication.

Court Disposition

Appeal dismissed

Orders

  • The reference by the State Government of West Bengal was valid.
  • Appeal fails and is dismissed with costs.