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The Manager, Hotel Imperial vs The Chief Commissioner And Others on 13 May, 1959

10.1 This Court refers the decision rendered by the Apex Court in the case of Manager, Hotel Imperial, New Delhi Vs. Chief Commissioner, Delhi And Others, reported in AIR (1959)SC 1214 wherein it was held by the Apex Court that order of reference is not bad because it does not specify how many of the 480 workers of thirty different categories working in the hotel were involved in the dispute. It is held that it is unnecessary for the purpose of section 10 of the Act where the dispute was of a general nature relating to the terms of employment or condition of labour of a body of workmen, to mention the names of particular workmen who might have been responsible for the dispute. It was only where a dispute refers to the dismissal etc., of particular workmen as represented by the Union that it would be desirable to mention the names of the workmen concerned.
Supreme Court of India Cites 5 - Cited by 9 - K N Wanchoo - Full Document

The Central Bank Of India vs Their Workmen(And Connected Appeals) on 12 May, 1959

15. This Court has referred to the decision of the Apex Court in the case of Central Bank of India v. Their Workmen, (1959) 29 COMP CAS 367, reported in AIR (1960) SC 12, wherein it has been held that the items in a notification referring an Page 23 of 25 Uploaded by M.M.MIRZA(HC01407) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:26:26 IST 2025 NEUTRAL CITATION C/SCA/10436/2025 JUDGMENT DATED: 16/09/2025 undefined industrial dispute for adjudication to an Industrial Tribunal are not items in a legislative list, but are items in an administrative order. It has further been held that the same canon of interpretation which applies to items in a legislative list cannot mechanically be applied to items in an administrative order. The Court must attempt to construe the terms of reference not in a pedantic or mechanical manner, but fairly and reasonably. The learned Tribunal, in any case, would have the powers as well as the duty to ascertain the real dispute referred to it and to adjudicate upon the same. Therefore, at this stage, any interference with the terms of reference would amount to miscarriage of the judicial process.
Supreme Court of India Cites 22 - Cited by 187 - S K Das - Full Document
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