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1967 (9) TMI 140 - SC - Indian LawsWhether there has been a termination of the award, Exhibit M-6, in the manner pleaded by the Union? Held that:- The discretion of the State Government, under s. 10 of the Act, is very wide. It may be that the workmen. affected by the standing orders, may not always, and in every case, Succeed in obtaining a reference to the Industrial Tribunal, on a relevant point. These are some of the circumstances for giving a right and remedy, to the workman, under the Standing Orders Act itself, but there is no indication, in the scheme of the Standing, Orders Act, that the jurisdiction of the Industrial Tribunal, to entertain an 'Industrial dispute', bearing upon the standing orders of in industrial establishment, and to adjudicate upon the same, has any manner been abridged, or taken away, by the Standing Orders Act. Therefore, on this aspect, we are in agreement with the conclusions, arrived at, by the Industrial Tribunal, and the High Court. In view of our finding on the first point, that the award, Exhibit M-6 'had not been terminated. it follows that the reference. made by the State Government, dated March 20,1963, in his case, is incompetent, and the Industrial Tribunal has no jurisdiction to adjudicate upon the same, in I.D. No. 8 of 1963. In the result, the order :of the High Court is set aside, and a writ of prohibition, restraining the second respondent, from proceeding with the adjudication, in I.D. No. 8 of 1963, will issue, and the appeal allowed, to that extent. Appeal allowed in part.
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