Case Note & Summary
The petitioner, Venco Research and Breeding Farm Private Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the order of the State Government dated 24 November 2025 referring an industrial dispute to the Industrial Tribunal under Section 10(1)(d) of the Industrial Disputes Act, 1947. The dispute was raised by the respondent No.1, Rashtriya Shramik Aghadi, a trade union representing the workers of the petitioner. The petitioner contended that the reference was bad in law as there was no industrial dispute in existence and the government had not applied its mind. The respondent No.1 argued that the reference was valid and the petition was premature. The court, after hearing the parties, held that the government has wide discretion in making a reference and the court's interference is limited to cases of mala fides or perversity. The court found that the government had applied its mind and the dispute was an industrial dispute. The petition was dismissed with no order as to costs.
Headnote
A) Industrial Law - Reference of Dispute - Section 10(1)(d) Industrial Disputes Act, 1947 - Validity of Reference - The court examined whether the State Government's order referring a dispute between the petitioner and respondent No.1 to the Industrial Tribunal was valid. Held that the government has wide discretion in making a reference and the court's interference is limited to cases of mala fides or perversity. The reference was upheld as the dispute was an industrial dispute and the government had applied its mind. (Paras 1-5) B) Industrial Law - Writ Jurisdiction - Scope of Interference - Section 10(1)(d) Industrial Disputes Act, 1947 - The court held that while exercising writ jurisdiction, the High Court cannot reappreciate evidence or substitute its opinion for that of the government. The reference can be challenged only on limited grounds such as lack of jurisdiction, mala fides, or patent error of law. The petition was dismissed as no such grounds were made out. (Paras 3-5)
Issue of Consideration
Whether the reference made by the State Government under Section 10(1)(d) of the Industrial Disputes Act, 1947, referring an industrial dispute to the Industrial Tribunal, is valid and not liable to be quashed in writ proceedings.
Final Decision
The Bombay High Court dismissed the writ petition, upholding the reference order under Section 10(1)(d) of the Industrial Disputes Act, 1947. No order as to costs.
Law Points
- Industrial Disputes Act
- 1947
- Section 10(1)(d)
- Reference of Dispute
- Government Discretion
- Judicial Review
- Writ Jurisdiction
