AIR 1969 MADHYA PRADESH 248 ::1969 LAB. I. C. 1479 ::36 FacLR 357 ::1969 JabLJ 759 ::1669 MPLJ 56 ::1969 M P L J 56 ::36 F J R 357 ::ILR (1973) MP 31

Madhya Pradesh High Court

Hon'ble Judge(s): P. V. Dixit , C.J. AND G. P. Singh , J

(A) Madhya Pradesh Industrial Relations Act (27 of 1960) , S.2(17), S.31, S.51— Industrial Dispute - Notice of change u/S.31 - No prerequisite for giving rise to. Notice of change under Sec. 31 of the Madhya Pradesh Industrial Relations Act is no prerequisite for giving rise to an Industrial Dispute. The power of the State Government to make a reference under Sec. 51 is not controlled by anything contained in Sec. 31. Section 51 opens with a non obstante clause - "Notwithstanding anything contained in this Act" - which makes it plain that a notice of change under Sec. 31 is not a condition precedent for enabling the State Government to make a reference under Section 51.(Para 3) The definition of 'Industrial Dispute' under Sec. 2 (17) of the Act also goes to show that it is not restricted to disputes arising out of a notice of change issued by employer or employees under Sec. 31. AIR 1966 SC 497, Rel. on.(Para 3) In a case where a dispute about the propriety and legality of closure of certain establishments was referred to arbitration by the Industrial Court, it was wrong for the Court to hold that the reference was incompetent on the ground that the workers had not issued a notice under Sec. 31 (2) of the Act demanding withdrawal of the change.(Para 3 6) ....