1960 (12) TMI 77 - SC - Indian Laws

Maintainability of an application made by the Employers' Association of Northern India, Kanpur on behalf of , the J. K. Cotton and Weaving Mills Co., Ltd., a member of the Association in connection with the proposed termination of service of certain members of its Watch and Ward Staff challenged

Held that:- The Labour Appellate Tribunal of India rightly held that the application under cl. 5(a) filed on June 13, 1950 was not maintainable and rightly set aside the awards of the Conciliation Board and the Industrial Court. The appeal against the order of the Labour Appellate Tribunal of India is therefore dismissed. As already pointed out the order made by the appellate Bench of the High Court in the writ petition was based on its acceptance of the preliminary objection that the records of the Labour Appellate Tribunal being in Calcutta could not be reached by any writ of the Allahabad High Court. In view of our conclusion that the application under cl. 5(a) was not maintainable, the appellant was on merits not entitled to any writ and on that ground the appeal against the High Court's order must also be dismissed. Appeal dismissed.