Case Note & Summary
The case involved an appeal by the State of Bihar against a decision of the Patna High Court, which quashed a notification superseding two earlier notifications referring industrial disputes to a tribunal. The disputes concerned the dismissal of workmen from the Bata Shoe Company. The government had initially referred the disputes for adjudication under the Industrial Disputes Act, but later attempted to supersede these references. The High Court ruled that the government had no authority to cancel the references, leading to the present appeal. The court examined the powers of the appropriate government under Section 10(1) of the Industrial Disputes Act and concluded that such power to cancel a reference was not implied by the General Clauses Act. The court emphasized that once a reference is made, the tribunal has jurisdiction over the matter, and the government cannot interfere by cancelling the reference. The court affirmed the High Court's ruling, stating that the notification issued by the government was invalid and ultra vires. The court also noted that the legislative intent was to maintain industrial peace and that the appropriate government could not arbitrarily cancel references without proper authority. The appeals were dismissed, and the parties were directed to bear their own costs.
Headnote
A) Industrial Law - Supersession of Reference - Authority of Government - Industrial Disputes Act, 1947, Section 10(1) - The appropriate government lacks the power to cancel or supersede a reference made under Section 10(1) of the Industrial Disputes Act while it is pending before a tribunal. The court held that the legislative scheme does not confer such authority, and the High Court's decision to quash the superseding notification was affirmed (Paras 1-2).
Issue of Consideration
Whether the appropriate government can supersede a reference made under Section 10(1) of the Industrial Disputes Act, 1947, pending adjudication before a tribunal.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's ruling that the notification was invalid and ultra vires, and held that the appropriate government cannot cancel a reference made under Section 10(1) of the Industrial Disputes Act.
Law Points
- Industrial Disputes Act
- 1947
- General Clauses Act
- 1897
- supersession of reference
- powers of appropriate government
- judicial review
