RAJA LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Learned counsel for the petitioner submits that reference made by the Central Government under Section 10 of the Industrial Disputes Act, 1947 does not arise in the present matter so also that is a question of law, therefore, such a dispute could not be referred. His further submission is that the Central Government in view of the non-existence of the Industrial Disputes had no jurisdiction or authority to frame a question and refer the same to the Industrial Tribunal on the alleged issue.

(3.) Learned counsel for the workmen, placing his strong reliance upon the Judgment of the Supreme Court in the matter of State of Madras v. C. P. Sarthy and others, reported in AIR 1953 SC 53 : 1953-I-LLJ-174, submits that the discretion and jurisdiction of the Central Government in making reference cannot be examined by Court on the judicial envoy because the order though is passed after hearing the parties but facts remained that the administrative order and what particular fact had satisfied the particular authority would affect the authority will have to be seen by the authority concerned. He further submits that at this stage petition is premature because the present petitioner is entitled to raise this question before the Industrial Tribunal.