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1 - 7 of 7 (0.62 seconds)Article 14 in Constitution of India [Constitution]
The Bombay Union Of Journalists And ... vs The, Hindu', Bombay, And Another on 27 September, 1961
7. Section 10(1) of the Industrial Disputes Act gives powers to the appropriate Government to refer the dispute. No doubt the Government has to consider the matter as to whether a reference sought is to be granted or declined; i.e., it has to record reasons for not making the reference. While deciding the reference, the Appropriate Government cannot decide the disputed question of fact. All that is envisaged by Section 10(1) is as to whether the dispute raised prima facie merits adjudication or the same is patently frivolous or clearly belated. The Apex Court in Bombay Union of Journalists and Ors. v. The State of Bombay and Anr. (supra) examined in detail the ambit and scope of Section 10(1) of the industrial Disputes Act. The relevant observations are as under (Pages 354-355):-
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Article 21 in Constitution of India [Constitution]
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
In D.K. Yadav v. J.M.A. Industries Limited (supra) the Apex Court examined the right of private employer to terminate service under the Standing Orders and held that the Standing Orders must be in consonance with the principles of natural justice and mandates of Articles 14 and 21 of the Constitution of India. It further held that automatic termination under the Certified Standing Orders on absence without or beyond the period of sanctioned leave for more than 8 days infringes the principles of natural justice, as no opportunity was given to the workman to explain his conduct. These and other related matters have yet to be examined by the Court on the basis of evidence led by the respective parties. Any comment on the merits of the various contentions raised by the respective counsel would indeed prejudice the case of one or the other party. All the same, there is no manner of doubt that the various points canvassed by the learned counsel for the petitioner need close scrutiny and so the matter ought to have been referred by the Government to an appropriate Industrial Tribunal for its adjudication. Accordingly, while accepting the writ petition, we direct the respondent Government of Hary-ana to refer the dispute for adjudication before an appropriate Labour Court within two months from the date of passing of this order. No costs.
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