MANAGEMENT OF ITAKHOOLIE TEA ESTATE Vs. ITS WORKMEN

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of the Labour Appellate Tribunal of India setting aside the award of the Industrial Tribunal, Assam, in the matter of an industrial dispute between the Management of Itakhoolie Tea Estate and its workmen.

(2.) The facts lie in a small compass. The Government of Assam by a Gazette notification dated October 13, 1952, referred the dispute between the said parties under S. 10(1) (c) of the Industrial Disputes Act (XIV of 1947) to the Judge, Industrial Tribunal, Assam, for adjudication on the following issues:

(3.) The learned Attorney-General, appearing for the management, raised before us the following two points:(i) The management, though it did not prefer an appeal against the award of the Appellate Tribunal in so far as it was against it, was entitled under Order XLI, rule 22, of the Code of Civil Procedure to support the said award on any of the grounds decided against it by the original Tribunal, and, therefore, the Appellate Tribunal was wrong in disallowing its contention in that regard; and (ii) the labour refused to attend the conciliation proceedings on September 17, 1952; and therefore they were not entitled to compensation after that date.