K V THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition questions the validity of the award of the Labour Court, Quilon, in Industrial Dispute No. 14 of 1958. The issue referred for adjudication was:

(2.) The first contention urged before us is that the dispute referred was only an individual dispute and not an industrial dispute as defined in S.2 (k) of the Industrial Disputes Act, 1947. As pointed out in 1959 KLT 370 a dispute between an employer and a single employee though not an industrial dispute per se may become one if it is taken up by the union or a number of workmen. The Tribunal has considered the evidence on the subject and found that the workmen had espoused the cause of Ramakrishnan. It said:

(3.) The second contention urged before us is based on the fact that the industrial dispute was originally referred for adjudication to the Labour Court, Ernakulam, and that the transfer of the case to the Labour Court, Quilon, was only after the entire evidence was recorded by the Labour Court, Ernakulam. According to the petitioner such a procedure cannot be justified.