WORKMEN OF FIRESTONE TYRE RUBBER CO OF INDIA PRIVATE LIMITED DR GENERAL MANAGER LARSEN AND TOUBRO LIMITED MANAGER LARSEN AND TOUBRO LIMITED BOMBAY GODFREY PHILLIPS INDIA LIMITED Vs. MANAGEMENT:SHEIKH ISMAIL MOHAMED:K P GANGHARE:MANIK VASUDEO

JUDGEMENT

(1.) In these appeals, by special leave, two common questions arise for consideration:

(2.) Section 11A was incorporated in the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) by Section 3 of the Industrial Disputes (Amendment) Act, 1971 (hereinafter referred to as the Amendment Act). The Amendment Act passed by Parliament, received the assent of the President on December 8, 1971. Sub-section (2) of Section 1 provided for its coming into force on such date as the Central Government by notification in the official gazette appoints. The Central Government by notification No. F. S. 110-18/- 1/71-LR, I dated 14-12-1971 appointed the 15th day of December, 1971, as the date on which the said Act would come into force. Accordingly, the Amendment Act came into force with effect from December 15, 1971. The Amendment Act introduced various amendments to the Act. In particular by Section 3, it inserted the new Section 11A in the Act. The new Section 11-A so inserted runs as follows:

(3.) Regarding Section 11A, in the Statement of Objects and Reasons it is stated as follows:-