ELAR FASHIONS LIMITED Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner employer has challenged in this writ petition the reference made by the State Government to the Industrial Tribunal in regard to the dispute about the demands of the workers of the petitioner Factory raised by the respondent No. 2 Union which according to the petitioner is a general Union of workers, in the sense that it is not meant exclusively for the workers in its factory. The order of the State Government making the above reference is dated 11-3-1991 and the same is issued in the exercise of its power under section 10 (l) (d) of the Industrial Disputes Act, 1947 (for short the Act ). The petitioner has also challenged the order of the State Government dated 28-3-1991 prohibiting continuance of strike or look-out in connection with the aforesaid dispute which may be in existence on the date of the reference which order is issued in the exercise of the power conferred upon it under section 10 (3) of the Act.

(2.) THE learned Counsel appearing for the petitioner has elaborately taken us through the facts of the case and has urged the following contentions in assailing the order of reference dated 11-3-1991 :-

(3.) IT is well settled that the making of reference under section 10 (1) of the Act is an administrative act and if the pre-conditions therein viz. any industrial dispute exists or is apprehended are satisfied then the appropriate Government can exercise its discretion to make a reference of the industrial dispute under section 10 (1) of the Act. See (State of Madras v. C. P. Sarathy) A. I. R. 1953 S. C. 53. It is also well settled that the question whether the references made to the Tribunal is competent or not or what referred to the Tribunal an industrial dispute or not which and/or the matter connected therewith or relevant to it alone the State Government can refer under section 10 (1) of the Act can be decided by the Tribunal as it raises the question of its jurisdiction. As regards the grounds of challenge raised by the petitioner to the reference made by the State Government, it is amply clear that it involves determination of disputed questions of fact and law for which an appropriate forum is the Tribunal to which the reference is made and not the High Court exercising extra-ordinary discretionary Jurisdiction under Article 226 of the Constitution.