LAKSHMI NARAIN KAPOOR Vs. THE PUNJAB STATE, ETC.

JUDGEMENT

(1.) THE Petitioner was employed as a clerk by M/s. Bharat Woollen Mills, Ltd., Amritsar (hereinafter referred to as the Mills). Vide letter dated 9th May, 1972, written fey the Mills, the Petitioner was informed that his services having become surplus were being terminated with immediate effect and a sum of Rs. 2,217.89 due to him was being remitted to him by money order. The Petitioner approached the State Government for making a reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) on the ground that his termination of services was wrongful and actuated by mala fide considerations. The Labour Commissioner, Punjab, - -vide his letter dated 24th August, 1972, informed him that it had not been deemed proper "to refer the demand contained therein for arbitration as the same could not be corroborated." Thereafter, the Petitioner made a representation to the Secretary to Government, Punjab, Labour Department, Chandigarh, on 6th September, 1972. He was informed on 26th November, 1972 that his representation was thoroughly considered and rejected. He has filed this petition challenging the action of the Government in refusing to make a reference under Section 10 of the Act.

(2.) IN The Workmen of the Oswal Weaving Factory Amritsar v. The State of Punjab, 1965 Cri. L.J. 541, a Division Bench of this Court after making an exhaustive discussion of the case law on the subject, held that if an appropriate Government declines to make a reference on the ground that it is not expedient to make a reference in the circumstances of a case, the action of the Government could not be corrected in proceedings under Article 226 of the Constitution. It was also held that a writ of mandamus could issue against the Government if it declined to make a reference without recording the reasons for such refusal and without communicating the same to the parties concerned.

(3.) THE Act has been brought on the statute book for settling disputes between the management and the workers in the interest of industrial peace. At the time when the Government is called upon to consider whether a reference should be made or not, it has to keep before its mind's eye two considerations only, namely, (1) whether an industrial dispute exists or not and (2) whether it would be expedient to make a reference or not. The Government cannot usurp the jurisdiction of an Industrial Tribunal or a Court and give a decision on merits.