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1 - 8 of 8 (0.21 seconds)Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes Act, 1947
Ram Avtar Sharma & Ors. Etc vs State Of Haryana And Anr. Etc on 11 April, 1985
In the case of Ram Awtar Sharma & Ors. v. State of
Haryana & Anr., [1985] 3 SCC 189 the ratio in the Bombay
Union of Journalists' case has been reiterated.
Learned Attorney General for the State of Tamil Nadu
submitted that the statute authorises the State to take a
prima facie view of the matter for the purpose of ascertain-
ing whether it was a fit case wherein exercise of jurisdic-
tion under section 10(1) read with section 12(5) of the Act
was called for and a reference was warranted. The State
Government in declining to make a reference in the present
case has kept itself within the limit set by law as deline-
ated by this Court.
Workmen Of Syndicate Bank, Madras vs Government Of India And Anr. on 29 October, 1984
"We would therefore have ordinarily allowed the
appeal and set aside the judgments of the learned Single
Judge and the Division Bench of the High Court and directed
the State Government to make a reference of the industrial
dispute between the appellants and the 3rd respondent. But
Dr. Chitale appearing on behalf of the 3rd respondent urged
that there might be some other relevant grounds which may
still be required to be considered by the State Government
before deciding whether to make a reference or not and the
case should therefore go back to the State Government to
reconsider the question in the. same manner in which this
Court directed the State Government to reconsider in the
Workmen of Syndicate Bank case (supra). But this is a case
in which more than 7 years have elapsed since the appellants
were dismissed from service and they are still nowhere near
a reference. We would therefore set aside the judgments
passed by the learned Single Judge and the Division Bench
and direct the State government to reconsider the matter
without taking into account the aforesaid irrelevant ground
and come to a decision within a period of 30 days from the
date of receipt of the copy of this order whether it would
make a reference of the industrial dispute to the Labour
Court. We would keep the appeal pending before us and as
soon as the decision is reached by the State Government,
which of course should be within a period of 30 days from
the date of receipt of the copy of this order by the State
Government, intimation of such decision shall be given to
the Court so that the Court can then consider whether the
decision reached by the State Government is legally justi-
fied or not. We are informed that V. Kondiah the 2nd appel-
lant has already settled the dispute with the 3rd respondent
and therefore the question of making a reference of the
dispute will have to be considered by the State Government
only in regard to the remaining 6 appellants."
Nirmal Singh vs State Of Punjab And Ors on 9 August, 1984
In the
case of Nirmal Singh v. State of Punjab & Ors., [1984] Lab
IC 13 12 this Court gave a direction that reference be made
forthwith.
Bombay Union Of Journalists & Ors vs The State Of Bombay & Anr on 19 December, 1963
In the case of Ram Awtar Sharma & Ors. v. State of
Haryana & Anr., [1985] 3 SCC 189 the ratio in the Bombay
Union of Journalists' case has been reiterated.
Learned Attorney General for the State of Tamil Nadu
submitted that the statute authorises the State to take a
prima facie view of the matter for the purpose of ascertain-
ing whether it was a fit case wherein exercise of jurisdic-
tion under section 10(1) read with section 12(5) of the Act
was called for and a reference was warranted. The State
Government in declining to make a reference in the present
case has kept itself within the limit set by law as deline-
ated by this Court.
M. P. Irrigation Karamchari Sangh vs The State Of M. P. And Anr on 27 February, 1985
Mr. Ramamurthi also placed reliance on the decision in the
case of M.P. Irrigation Karamchari Sangh v. State of M.P.,
[1985] 2 SCC 103 where it has been said:
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