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Report No. 58

Supreme Court

7.15. On the commencement of the Constitution, the Supreme Court had begun to function, and its decisions on a number of important questions had already laid the foundation of a sound industrial jurisprudence. When an appeal was brought before it, against an award past under the Industrial Dispute Act in Bharat Bank v. Bhart Bank Employees Union, 1950 SCR 459: AIR 1950 SC 188, question was raised as to whether an award in an industrial matter is subject to the appellate jurisdiction of the Supreme Court under Article 136 of the Constitution.

By a majority judgment 3:2, the Supreme Court held that the awards made by the Industrial Tribunals are subject to appeal to the Supreme Court under Article 136 of the Constitution. In one sense, this judgment constitutes a landmark in the history of India's quest for industrial harmony, based on sound principles of industrial jurisprudence. It is well known that, ever since the Supreme Court pronounced its judgement in the Bharat Bank's case. The Court has dealt with principles of industrial law in several decisions, and these decisions, along with the decisions of the Labour Appellate Tribunal, constitute, as already pointed out, the essence of industrial jurisprudence in India.

Structure and Jurisdiction of the Higher Judiciary Back

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