Workmen of Buckingham and Carnatic Mills and Others vs State of Tamil Nadu and Others

The narrow question involved in this matter is whether a reference u/s 36A of the Industrial Disputes Act for interpretation and enforcement of a settlement between the workmen of the Buckingham Mills and Management of the Buckingham Mills ought to be made to the Industrial Tribunal.

We heard Mr. C.S. Vaidyanathan, learned Counsel for the appellant and Mr. A.V. Rangam, learned Counsel for the State and Mr. G.B. Pai, learned Counsel for the Mill-Management.

Having considered all the aspects of the matter. We are satisfied that a reference ought to have been made u/s 36A of the Industrial Disputes Act and we accordingly issue a writ of mandamus directing the State of Tamil Nadu to make a reference for interpretation and implementation of tripartite settlement dated June 6, 1981 to the authority to whom it could be made u/s 36A of the Act within 30 days from today.

The appeal is disposed of accordingly with no order as to costs. The other points involved in the appeal are also raised in the writ petition and the disposal of the appeal would not amount to rejection of the points and they are kept open.