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1957 DIGILAW 103 (MAD)

K. P. Subbiah v. State of Madras, by Secretary, Industries, Labour and Cooperation

1957-04-15

RAJAGOPALAN

body1957
Order The petitioner applies under Article 226 of the Constitution for the issue of a writ of Prohibition to restrain the Industrial Tribunal, Madras, from proceeding with the adjudication of the industrial dispute registered as I.D. No. 16 of 1957 on its file. The industrial dispute was taken on file by the Industrial Tribunal on a reference under section 10 (1) (c) of the Industrial Disputes Act, 1947. That reference being administrative in its scope, is outside the purview of correction by the issue of a writ of certiorari. Since an industrial dispute has been referred and the Industrial Tribunal has jurisdiction to take up the enquiry, there can be no writ of prohibition issued at this stage. It is for the Industrial Tribunal to decide, in the first instance, whether there was an industrial dispute at all. In deciding that question, it may be necessary to decide whether the plea of the petitioner is well founded that the workers are not really “ workmen” as defined by the Industrial Disputes Act, 1947. This may be viewed as a jurisdictional issue ; but is still for the Industrial Tribunal to decide that question in the first instance. The petition is dismissed. V.S. ----- Petition dismissed.