KAMGAR SABHA BOMBAY Vs. HINDUSTAN CIBA GEIGY LTD

JUDGEMENT

(1.) RULE. Returnable forthwith. By consent heard both sides. Respondents waive service. The Petitioner is a Union under the establishment of the first respondent. The several demands have been raised by the Petitioner - Union with the first respondent. With reference to these demands, there was conciliation, and when the conciliation failed, the Petitioner - Union requested to the Government to refer these disputes the Industrial Tribunal. Even though the request was made for reference of these disputes, the State Government did not act in time. In that context, the Petitioner - Union filed a Writ Petition before this Hon'ble Court being Writ Petition No. 163 of 1995 seeking mandamus to direct the State Government to refer the disputes to the Industrial Tribunal. Accordingly, by the judgment dated June 26, 1995, this Hon'ble Court directed the State Government to refer the disputes to the Industrial Tribunal for adjudication as contemplated under Sec. 10 of the Industrial Disputes Act. Accordingly, the Government referred the disputes except three disputes, as shown below :

(2.) IT is contended on behalf of the petitioner that the State Government has no jurisdiction to withold the reference of the industrial disputes as sought to be referred under Sec. 10 of the Industrial Disputes Act. In this behalf, the learned Counsel for the Petitioner has placed reliance on a decision in the case of M. P. Irrigation Karmachari langh v. State of M. P. reported in (1985-I-LLJ-519 ). In that case, the Supreme Court has examined and defined the power of the State Government in respect of referring or not referring the industrial disputes before the Industrial Tribunal. We would refer to the following observations of the Supreme Court in para (5 ).

(3.) IN view of the above propositions propounded by the Supreme Court, it is clear that the jurisdiction of the State Government in such a situation is very limited. As the Hon'ble Supreme Court held, the State Government can only withhold the reference in case the demands as such are frivolous and perverse.