Case Note & Summary
The petitioner, Pune Zilla Mazdoor Sangh, filed a writ petition challenging the order passed by the Government refusing to make a reference under the Industrial Disputes Act. The Bombay High Court held that the position in law is very clear and settled: the Government has no right to adjudicate upon the question which is sought to be referred. It is for the Industrial Court or the Labour Court, as the case may be, to adjudicate upon such issue. Consequently, the Court allowed the petition, made the rule absolute, and directed the Respondent-State to make an appropriate reference within a period of three months from the receipt of the order.
Headnote
A) Industrial Law - Reference under Industrial Disputes Act - Government's Power - The Government has no right to adjudicate upon the question which is sought to be referred; it is for the Industrial Court or Labour Court to adjudicate upon such issue - Held that the Government must make a reference without adjudicating on merits (Paras 2).
Issue of Consideration
Whether the Government can refuse to make a reference under the Industrial Disputes Act on merits of the dispute.
Final Decision
Rule made absolute. Respondent-State directed to make appropriate reference within three months from receipt of order.
Law Points
- Government cannot adjudicate on merits of industrial dispute before making reference
- Reference under Industrial Disputes Act is mandatory when dispute exists
- Industrial Court/Labour Court to adjudicate on merits
