No list of the 250 workmen was sent to the tribunal nor was such a list filed even during the adjudication proceedings but after the arguments on behalf of the company were over a carelessly prepared list Of 220 persons was filed before the tribunal by the workmen on December 14, 1953. Now, the expression appropriate Government is defined in s. His salary, during the period of the two years, assuming that the whole amount was put into the banks, would be less than one-third of the total amount aforesaid, to his credit.

The Industrial Tribunal did not specifically refer to these provisions, but perhaps, had them in mind when it said that an anomalous position would arise if the factory and the quarry were treated as one establishment. The company closed the works indefinitely and notified that all those workmen who had resorted to the illegal strike were discharged from that date. This question, in our opinion, is settled by the decisions of this Court. The Union on behalf of the workmen belonging to the Watch and Ward staff filed a statement of claim in Reference (IT) No.

33 in respect of workmen Lawyer in Supreme Court of India the factory over which the Central Tribunal will have no jurisdiction. Lamination, indisputably by the well settled principles of excise law, amounts to ˜manufacture. Union of India [(1985) 3 SCC 314: 1985 SCC (Tax) 416] . It is not necessary to refer to that statement of claim by the Union or the company's written statement, for they are not relevant to the question of bonus. So far as it is relevant for our purpose, it means the Central Government in relation to the limestone quarry at Rajanka and the State Government of Bihar in relation to the factory at Jhinkpani.

The argument before us is that when the statute itself brings the two units, factory and mine, under different authorities, they cannot be treated as one establishment for the purposes of the same statute. On November 18, 1953, the Government made a reference in respect of the reinstatement Of 250 old -workmen who had not been retaken. " It is contended that it will be difficult to apply s. They show that during the years 1947 and 1948, he had credit at the banks, amounting to a little over Rs.

18(3) if the factory and the limestone quarry are treated as one establishment. 147 of 1956 regarding certain special claims of those workmen to which the company replied by its written statement. Lastly, learned counsel for the respondent has referred us to s. We are not, therefore, impressed by the argument that the prosecution has failed to lead proper evidence as to the appellant's known sources of income. Our attention has also been drawn to s.

Sub- sections (2) and (3) we need not reproduce, because for the purposes of this _ appeal, the argument is the same, which is that if a proceeding is pending before a Central Tribunal, say in respect of the limestone quarry, there will be difficulty in applying the provisions of s. The humanism of the Western Enlightenment comprehended mere political equality; the humanism of Mahatma Gandhi and Jawaharlal Nehru was instinct with social and economic equality. The scheme of the Act is that except in the case of National Tribunals which are appointed by the Central Government, the appropriate Government makes the appointment of Boards of Conciliation, Courts of Inquiry, Labour Courts and Tribunals and it is the appropriate Government which makes the refer- ence under s.

18(3) of the Act under which in certain circumstances, a settlement arrived at in the course of conciliation proceedings under the Act or an award of 721 a Labour Supreme Court India lawyers, or Tribunal is made binding " on all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part. " This decision decides three points, namely: (i) having regard to the express provisions of the Presidency-towns Insolvency Act, and for maintaining the status of the debtor and the stability of the administration of his estate, the decision affecting the rights of a third party though made behind his back, would be binding on him; (ii) an appeal can be entertained against the, (1)(1878) 10 Ch.

It cannot, therefore, be said that he was not in possession of pecuniary resources disproportionate to his known sources of income. " It may be that if the appellant takes advantage of the extension of time and appeals, the High Court may adopt the procedure in Ex parte Tucker (2) and content themselves with striking out the act of bankruptcy complained of, and leaving the official assignee to make a fresh application without themselves determining the facts.

213 which lays down that if the accused has refused to give a list as required by s. On July 5 the company notified that the works would open on July 6 and all old employees could apply for reengagement upto July 21. A majority of them applied for being retaken and all those who applied upto July 21 were taken but those who applied after that date were refused. On the other hand, if he is satisfied after hearing the witnesses for the defence that there are not sufficient grounds for committing the accused, he may cancel the charge and discharge the accused.

We had stated earlier in this judgment that in this very case the original dispute between the management and the workmen in the limestone quarry was referred to the Central Tribunal at Dhanbad, while the latter dispute about lay-off compensation to workmen of the factory was referred by the Government of Bihar to the Industrial Tribunal at Patna. Sub-section (1) of that section, Lawyer in Supreme Court of India substance, lays down that during the pendency of any conciliation proceedings or of any proceeding before a Labour Court or Tribunal in respect of any industrial dispute, no employer shall alter the conditions of service to the prejudice of workmen or punish any workmen, save with the permission in writing of the authority before which the proceeding is pending.

The former made man a political citizen; Reference may be made to the decision of this Court in Empire Industries Ltd. In the present case, the prosecution has adduced the best evidence as to the pecuniary resources of the accused person, namely, his bank accounts. His average salary per mensem, during the relevant period, would be a little over Rs. 212 the Magistrate may make an order committing the accused for trial by the High Court or the 744 Court of Session and shall also briefly record the reasons for such commitment.

The second difficulty is said to arise out of certain provisions of the Act which relate to the constitution of Boards of Conciliation, Courts of Inquiry, Labour Courts and Tribunals and the reference of industrial disputes to these bodies for settlement, inquiry or adjudication. It may be that the accused may have made statements to the Investigating Officers as to his alleged sources of income, but the same, strictly, would not be evidence in the case, and if the prosecution has failed to disclose all the sources of income of an accused person, it is always open to him to prove those other sources of income which have not been taken into account or brought into evidence by the prosecution.

211 or if he has given one and the witnesses, if any, included therein whom the Magistrate desires to examine, have been summoned and examined under s. The Tribunal ordered reinstatement without specifying who were to be reinstated.