WORKMEN OF SASI INDUSTRIALS Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This petition under Art.226 of the Constitution is against the Industrial Award of December 18, 1957.

(2.) The Government had in exercise of powers under S.10 (1) (C) of the Industrial Disputes Act 1947 referred to the Industrial Tribunal, Alleppey the following questions:-

(3.) The grounds for holding the dispute to be such is that though the employee had sworn to his having become a member of the Union towards the end of 1955, and having complained to the Union on June 19 1956, yet the Union had not let in any evidence about demands having been made from the management to meet the claims of the aggrieved workman, and having raised the present dispute on the refusal by management. The Tribunal has taken into consideration the admission by the employee in his cross examination of having received a notice from the conciliation officer; but has found the admission insufficient for establishing a dispute mainly because of the absence of any statement by Union concerning the answer to the notice, or the refusal by the management to the demand by the Union. The Tribunal has therefore treated the dispute to be merely between a workman and his employer and on this preliminary objection has held the reference to be improper.