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Smt. Begi Devi vs The State Of Himachal Pradesh And Others on 23 April, 2019

8. There is the other line of judgments by different Division Benches such as in Karvir vs. State of H.P. & others, CWP No.1091 of 2019, decided on 24.12.2019 and Bego Devi vs. State of H.P. and others, CWP No.1912/2016, decided on 26.10.2016, after relying on various Supreme Court judgments, including ::: Downloaded on - 30/03/2022 20:17:24 :::CIS 31 Raghubir Singh vs. General Manager, Haryana Roadways, Hissar, (2014) 10 SCC 301 and Prabhakar vs. Joint Director, Sericulture Department and another, (2015) 15 SCC 1. These .
Himachal Pradesh High Court Cites 0 - Cited by 65 - Full Document

State Of Bombay vs K. P. Krishnan And Others. (And ... on 18 April, 1960

12. Earliest judgment on the subject is by Constitution Bench of the Supreme Court in State of Bombay vs. K.P. Krishnan and others, AIR 1960 SC 1223, which held that Section 10(1) of the Act confers wide and even absolute discretion, on the Government either to refer or to refuse to refer, an industrial dispute. An obligation is imposed on the Government to refer the dispute unless of course it is satisfied that the notice is frivolous, or vexatious or that considerations of expediency required that a reference should not be made. However, while making an order refusing to make reference, the appropriate Government is not expected to consider factors which are extraneous or irrelevant or not germane. Even in dealing with the question as to whether or not it would be expedient to make a reference, the Government must not act in punitive spirit but must ::: Downloaded on - 30/03/2022 20:17:24 :::CIS 34 consider the question fairly and reasonably and take into account only relevant facts and circumstances. This judgment was followed by the Supreme Court later in Madya Pradesh Irrigation .
Supreme Court of India Cites 29 - Cited by 181 - P B Gajendragadkar - Full Document

Bombay Union Of Journalists & Ors vs The State Of Bombay & Anr on 19 December, 1963

In Bombay Union of Journalists and others vs. the State of Bombay and another, AIR 1964 SC 1617, the Supreme Court held that while considering the question as to whether a reference should be made under Section 12(5), the appropriate Government has to act under Section 10(1) of the Act which confers discretion on the Government either to refer the dispute or not to refer it. Under Section 12(5) of the Act, the appropriate Government is under an obligation to record reasons for not making the reference. However, when the matter involves a question of law and disputed question of fact, the appropriate Government should not purport to reach a final decision on the same as it is a subject matter to be decided by the Industrial Tribunal, but it cannot be said that the appropriate Government is precluded from considering even prima facie merit of the dispute when it decides the question as to whether its power to make a reference should be exercised. It was further ::: Downloaded on - 30/03/2022 20:17:24 :::CIS 35 held that if the claim made is patently frivolous or is clearly belated, the appropriate Government may refuse to make reference.
Supreme Court of India Cites 15 - Cited by 123 - P B Gajendragadkar - Full Document
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