The Godavari Sugar Mills Ltd. VS. Shri D. K. Worlikar

Supreme Court of India

Case Law No.425, Reporting JudgeGajendragadkar

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Summary


The respondent, a stenographer employed by the appellant at its head office in Bombay, challenged the legality and pro- priety of the dismissal order passed against him by an application under the provisions of the Bombay Industrial Relations Act, 1946, and contended that the Notification No.

1131-46 issued by the Government of Bombay in 1952 under S.

2(4) of the said Act brought within its purview the head office of the appellant which was dealing in Sugar Industry.

The appellant challenged the competency of the application on the ground that the Act did not apply to the respondent's case and the Labour Court had no jurisdiction as the Notification did not apply to the head office of the appellant: Held, that on a proper construction of the Notification, it cannot be said that the Government of Bombay intended to extend the scope of the Notification to the head office of a Sugar Industry. The Notification did not bring within its purview the sugar industry as such but the manufacture of sugar and its by-products, the object being to confine its benefits to service or employment which was connected with the manufacture of sugar and its by-products including the growing of sugar canes and all agricultural and industrial operations connected with the growing of sugarcane.

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Extract


The Godavari Sugar Mills Ltd. VS. Shri D. K. Worlikar

PETITIONER: THE GODAVARI SUGAR MILLS LTD.

Vs.

RESPONDENT: SHRI D. K. WORLIKAR

DATE OF JUDGMENT: 14/03/1960

BENCH: GAJENDRAGADKAR, P.B.

BENCH: GAJENDRAGADKAR, P.B.

WANCHOO, K.N.

CITATION: 1960 AIR 842 1960 SCR (3) 305

CITATOR INFO : E 1966 SC 925 (9)

RF 1972 SC1589 (14)

ACT: Industrial Dispute-Notification-Construction-Head office of Sugar Industry, if within its purview-Bombay Industrial Relations Act, 1946 (Bom. 11 of 1947), S. 2(4)-Notification No. 1131-46 of 1952.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 425 of 1958.

Appeal by special leave from the Decision date...

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