Supreme Court of India
Oshiar Prasad and Others v. The Employers in Relation to Management of Sudamdih Coal Washery of M/s Bccl, Dhanbad, Jharkhand
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What the Court ordered
We are of the considered view that having regard to the peculiar facts of this case and the reasons, which we have set out hereinbelow, we are inclined to hold that the appellants are entitled to claim the retrenchment compensation from the Contractor/BCCL. OSHIAR PRASAD v.
Judgment, page 16
From the headnote
Industrial Disputes Act, 1947-s. 10- Reference of disputes c to Boards, Courts or Tribunals by the appropriate Government- Power of- Held: Appropriate Government is empowered to make a reference uls. 10 only when 'industrial dispute exists' or 'is apprehended between the parties' - Tribunal while answering the reference has to confine its inquiry only to the question(s) referred - On facts, services of the appellants, at whose instance the reference was made were terminated long back prior to making of the reference - Thus, there was no industrial dispute that 'existed' or 'apprehended' in
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