CHELLAPPAN PILLAI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The short question arising for consideration is whether one party to an industrial dispute alone can maintain a petition under S.10(2) of the I.D. Act for a reference of the dispute for adjudication The answer depends upon the construction of S.10(2). S.10(2):-

(2.) The section provides that for reference of the dispute to a Board, Court, Labour Court, Tribunal or National Tribunal, the application must be made either jointly or separately and the appropriate Government if satisfied that the persons applying represent the majority of each party, shall make the reference.

(3.) The conditions that should be satisfied for invoking S.10(2) are: There should exist an industrial dispute. The parties should make application to refer the industrial dispute in the prescribed manner. The application can either be joint or separate; but it is mandatory that the request for reference must be made by all the parties to the dispute. An application satisfying all the above conditions however, will not automatically be allowed and the reference made unless the appropriate Government is satisfied that the persons applying represent the majority of each party. And therefore where the application for reference under S.10(2) satisfies all the requirements mentioned above, the Government shall, without any further enquiry as to the existence of the industrial dispute, refer the said dispute for adjudication to any of the authorities mentioned ia the section, namely, a Board, Court, Labour Court, Tribunal or National Tribunal.