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1 - 10 of 14 (0.25 seconds)Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
State Of Bombay vs K. P. Krishnan And Others. (And ... on 18 April, 1960
In State of Bombay v. K. P. Krishnan (1960) 2 LLJ 592, it
was held that a writ of mandamus would lie against the
Government if the order passed by it under Sec. 10(1) is
based or induced by reasons as given by the Government
are extraneous, irrelevant and not germane to the
determination. In such a situation the Court would be
justified in issuing a writ of mandamus even in respect of
an administrative order. Maybe, the court may not issue
writ of mandamus, directing the Government to make a
reference but the Court can after examining the reasons
given by the appropriate Government for refusing to
make a reference come to a conclusion that they are
irrelevant, extraneous or not germane to the
determination and then can direct the Government to
reconsider the matter. This legal position appears to be
beyond the pale of controversy."