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The aforementioned view of the Court of Appeal have been relied upon by this Court in Gurcharan Singh v Kamla Singh[17]. Manju Jain[19], wherein it has been held that pure question of law can be raised at any stage of litigation. Before examining this argument, however, it is necessary to consider one preliminary point: Was the tribunal justified in holding that the appellant could not be allowed to add to its previous claim for rehabilitation ?

In National Textile Corporation v. In view of this conclusion it is unnecessary for us to consider the other question that was raised, viz. 1(3)(c) and we have observed that it does not purport to confer power on India to acquire territories; it merely provides for and recognises automatic absorption or assimilation into the territory of India of territories which may be acquired by India by virtue of its inherent right as a sovereign State to acquire foreign territory.

The learned senior counsel has further contended that the Deputy Commissioner of Labour in fact and in law is not a delegatee of the State Government and therefore, he could not have legally made an order of refusal to make an order of reference of the industrial dispute to the Industrial Tribunal for its adjudication. Further, the respondent No. Amicable settlements of such disputes lead to’ peace, harmony and co-operation between capital and labour and that invariably helps more production which is a matter of great national importance at present.

Similar view has also been taken by this Court Criminal Advocate in Chandigarh the cases of VLS Finance Limited v. For the purpose of this Sub-Clause: The decision of the tribunal on this point seems to indicate that the tribunal thought that the appellant was estopped from making any such claim; and the correctness of this conclusion is challenged by the appellant. It is unnecessary for the purposes of this case and possibly even irrelevant, to determine the precise scope, content and incidents of an “octroi” duty except that in the context in which it appeared advocate in chandigarh for resitution of conjugal rights the Scheduled Taxes Rules framed tinder the Government of India Act, 1919, the expression signified a tax levied on entry into an area of an unit of local administration.

Union of India[18] and Greater Mohali Area Development Authority v. On the other hand, Mr. Hence, in accordance with the view taken by the Court of Appeal in Connecticut Fire Insurance Co. case (supra) and this Court Best Lawyer in Chandigarh High Court Gurcharan Singh case (supra), the argument advanced by the first respondent- Union deserves to be considered by this Court. It has been further contended by him that the signatures of the concerned workmen were obtained on blank papers and there was no VRS scheme introduced by the appellant.

describes India as a Union of States and specifies its territories The Constitution Amendments of 1956 made some important changes in Art. 243 in Part IX was deleted. Sanjay Singhvi, the learned senior counsel on behalf of the first respondent-Union has sought to justify the impugned judgment and order passed by the High Court contending that the Deputy Labour Commissioner acting as a delegatee of the State Government has erroneously refused to make an order of reference to the Industrial Tribunal on the demands raised by the workmen and he has committed a grave error in law and therefore, the High Court has rightly exercised its extraordinary and supervisory jurisdiction and quashed the same by issuing a writ of mandamus.

n243 in Part IX for the administration of the territories specified in Part D and other territories such as newly acquired territories which were not comprised in the First Schedule. It is unnecessary to emphasise that industrial disputes 955 settled amicably are in the interest of both capital and labour. , the Company in which the concerned workmen were working initially had intimated the stock exchange about the stoppage of its manufacturing operations at the Companys plant at LBS Marg, Ghatkopar, Mumbai.

, whether an industrial dispute within the meaning of cl. It is unprofitable to canvass the question 259 whether a local authority empowered at that date to levy an ‘octroi’ might or might not lawfully confine the levy to entry for consumption alone, to use alone or for sale alone. Therefore, with regard to the above mentioned aspect regarding the plea of the competency of the Deputy Labour Commissioner to pass an order of refusal to make a reference, although is being raised before this Court for the first time, is based on admitted facts.

The distinction between Parts A, B and C and territories specified in Part D was abolished and in its place came the distinction between the territories of States and the Union territories specified in the First Schedule. We have already referred to Art. Further, in the case of Port Trust v Hymanshu International[21], this Court has held thus: Naresh Kumar Jagad[20], it has been held by this Court that a new ground raising pure legal issue for which no inquiry or proof is required, can be raised at any stage.

5(a) comes into existence as soon as an employer decides on the dismissal of some of its workmen and proposes to give effect to such a decision. When a question of law is raised for the first time in a court of last resort, upon the construction of a document, or upon facts either admitted or proved beyond controversy, it is not only competent but expedient, in the interests of justice, to entertain the plea.

Hence, the question of seeking voluntary retirement from their services does not arise. 5: Increase or Decrease of Price of Specified Materials Increase or decrease of price of specified materials will be adjusted by either an addition to or a deduction to or a deduction from the Contract Prices. Therefore, it is clear that the said Company wanted to discontinue and close down the factory and terminate the services of the concerned workmen from their services.

That is how under the present Article the territory of India consists of the territories of the States, the Union territories and such other territories as may be acquired.


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