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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 375 of 1976. (Appeal by Special Leave-from the Judgment and Order dated 7.11.1975 of the High Court at New Delhi in Civil Writ No. 1123 of 1975) G.B. Pai, O.C. Mathur and D.N. Mishra, for the appellant. M.K. Ramamurthi, S.C. Jain and Madan Mohan, for respond- ent No. 1.

The Judgment of the Court was delivered by SARKARIA, J.--The principal question that arises in this appeal by special leave is: Whether an order of the Labour Court to the effect, that since no demand of the workmen had been served on the employer, no industrial dispute had come into existence in accordance with law, and as such the Reference was invalid and the Court had no jurisdiction to adjudicate the matter referred to it by the Government, is an "award" for the purposes of Section 19 of the Industrial Disputes Act, 1947, (for short, called the Act)? Cox & Kings (Agents) Ltd. (for short, the Management) dismissed from service three of their workmen after a domes- tic enquiry conducted against them on certain charges. In May 1967, the Lt. Governor of Delhi made a Refer- ence under s. 10 read with s. 12(5) of the Act to the Labour Court, Delhi, to determine: