RAMRUCH PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Pai, learned counsel for the petitioners and Mr. Gadkari, learned counsel for respondent No. 3.

(2.) THE petitioners seek the direction to the state Government to refer the Industrial dispute between the respondent No. 3 viz. Rashtriya Metal Industries, Mumbai and the present petitioners. They are aggrieved by the order dated March 6, 1987 whereby the State government has rejected the prayer made by the Union for reference of industrial dispute under sub-section (5) of Section 12 of the industrial Disputes Act on the ground that union has not substantiated its demand.

(3.) MR. Pai, learned counsel for the petitioners submitted that the order dated march 6, 1987 is illegal as it was not open to the appropriate Government to go into the merits of the demand while considering the question whether industrial dispute deserves to be referred under Section 12 (5) of the Industrial disputes Act. In support of his contention Mr. Pai relies upon the judgment of the Apex Court in M. P. Irrigation Karamchari Sangh v. State of M. P. and Anr. AIR 1985 SC 860 : 1985 (2)SCC 103 : 1985-I-LLJ-519; Ram Avtar Sharma and Ors. v. State of Haryana and Anr. AIR 1985 sc 915 : 1985 (3) SCC 189 : 1985-II-LLJ-187 and Telco Convoy Drivers Mazdoor Sangh and anr. v. State of Bihar and Ors. AIR 1989 SC 1565 : 1989 (3) SCC 271 : 1989-II-LLJ-558.