Bombay High Court Directs Government to Make Reference Under Industrial Disputes Act — Government Cannot Adjudicate on Merits. Industrial Dispute Reference Must Be Made Without Adjudication by Government Under Industrial Disputes Act, 1947.

High Court: Bombay High Court In Favour of Accused
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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).

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Issue of Consideration

Whether the Government can refuse to make a reference under the Industrial Disputes Act on merits of the dispute.

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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
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Case Details

2005 LawText (BOM) (02) 334

Writ Petition No. 131 of 1999

2005-02-03

V.G. Palshikar, Smt. Nishita Mhatre

Mr. D.V. Gangal for Mr. Sandeep V. Marne for the petitioner, Mr. D.A. Dube for Union of India

Pune Zilla Mazdoor Sangh

Union of India & Ors.

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Nature of Litigation

Writ petition challenging government's refusal to make reference under Industrial Disputes Act.

Remedy Sought

Direction to the Government to make a reference under the Industrial Disputes Act.

Filing Reason

Government refused to make reference on merits.

Issues

Whether the Government can refuse to make a reference under the Industrial Disputes Act on merits of the dispute.

Submissions/Arguments

Petitioner argued that the Government cannot adjudicate on merits before making reference.

Ratio Decidendi

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.

Judgment Excerpts

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.

Procedural History

Petitioner filed writ petition challenging government order refusing reference under Industrial Disputes Act.

Acts & Sections

  • Industrial Disputes Act, 1947:
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