eng
competition

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created Apr 27th, 02:50 by vinod


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the Constitution against, inter alia, respondents Nos. I and 2 asking for writs in the nature of prohibition restraining respondent No. 1 from proceeding with the references, writs in the nature -of certiorari directing respondent No. 1 to transmit the records of the proceedings for being quashed and writs in the nature of mandamus directing respondent No. 2 43 338 to cancel the notifications under which the said references had been made. The grounds which were urged in support of these applications were that their mills were controlled industries within the definition of the term contained in el.  of s. 2 of the Act as amended by s. 32 of Act LXV of 1951, that they were engaged in the production and manufacture of textile goods and were a textile industry within the meaning of the word 'textiles" as mentioned in the First Schedule to Industry (Development and Regulation) Act, 1951, and had been declared an industry of which the Union Government had taken control within the meaning of the said Act, that the disputes purporting to be referred by respondent No. 2 to respondent No. 1 were industrial disputes concerning a controlled industry specified in this behalf by the Central Government and that, therefore, the appropriate Government for the purposes of the Act so far as their mills were concerned was the Union Government and not respondent No. 2 and that respondent No. 2 had no jurisdiction or authority to refer the existing or apprehended disputes between them and their workmen to respondent No. I and the references being invalid there was no jurisdiction in respondent No. 1 to entertain the said references. These petitions came up for hearing before a Division Bench of the High Court consisting of the learned Chief Justice and Mr. Justice Kanpur who dismissed the same in limline observing that they were premature, obviously meaning that respondent No. I could determine the objection in regard to its jurisdiction to entertain the references and unless and until it did so the appellants had no cause of action to file the said petitions' It appears that on or about April 12, 1955,
 

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