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1 - 10 of 32 (0.49 seconds)The Industrial Disputes Act, 1947
Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
The Limitation Act, 1963
Article 137 in Constitution of India [Constitution]
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
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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
.
Raghubir Singh vs Gen.Manager,Haryana Roadways,Hissar on 3 September, 2014
10. The Judgment of Supreme Court in Raghubir Singh
(supra) was followed in later judgment of the Supreme Court in
Prabhakar (supra). In this judgment connotation "at any time" in
Section 10(1) of the Act was again examined in para 28 of the
judgment and explained as under:-
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
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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
.
M. P. Irrigation Karamchari Sangh vs The State Of M. P. And Anr on 27 February, 1985
Karamchari Sangh vs. State of M.P. and another, (1985) 2 SCC
102 and V. Veeranajan and others vs. Government of Tamil Nady,
(1987) 1 SCC 479.
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
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held that if the claim made is patently frivolous or is clearly belated,
the appropriate Government may refuse to make reference.