NDLI: V. Veerarajan & Ors. Vs. Government of Tamil Nadu & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Disputes Act, 1947-Ss. 10 & 12(5)-State Government-Reference of dispute for adjudication-Fit case where reference should be made-What is. A large number of workmen of the respondent-company were proceeded against by the management on certain charges, Later most of them were taken back to employment. On failure of conciliation in regard to 7 of the dismissed workmen, disputes were raised under s. 11-A of the Industrial Disputes Act, 1947. The Government declined to make a reference to the Labour Court for adjudication, A Single Judge as well as the Division Bench rejected the Writ Petition of the workmen. On appeal, this Court on 9th July, 1985 set aside the judgments passed by the Single Judge and the Division Bench and directed the State Government to reconsider the matter without taking into account the ground that the domestic inquiry had been conducted by the employer according to the principles of natural justice and the punishment imposed was not disproportionate to the gravity of the offence committed by the dismissed workmen and come to decision within 30 days whether it would make a reference of the industrial dispute to the Labour Court. The Government again declined to make a reference stating: (1) that the company manufactures and supplies certain items to the Defence Department; (2) that there was industrial unrest followed by violence and stoppage of work in the establishment due to inter-union rivalry; (3) that the management charge-sheeted the workmen under specific provisions of the standing order; ( 4) that the workmen themselves had admitted the charges against them; (5) that in view of the proven charges and the need to preserve industrial peace in the establishment it was not a fit case for adjudication both on expediency and on merits.When the appeal came up for further hearing, on behalf of the appellants-workmen it was contended that the grounds given in support of the order are totally irrelevant, immaterial and do not justify the refusal to refer the dispute. On behalf of the respondents it was contended: (1) that the statute authorises the State to take a prima facie view of the matter for ascertaining whether it was a fit case wherein exercise of jurisdiction under Sec 10(1) read with 12(5) was called for and a reference was warranted; (2) that the State Government in declining to make a reference has kept itself within the limit set by law; (3) that the grounds advanced in support of refusal to make a reference were clearly tenable and indicated that a broad and overall view of the matter was taken by the State Government; ( 4) that since the jurisdiction of this Court is not appellate and order of the State Government is administrative in character, no interference was warranted; and (5) that if the grounds advanced by the State Government were neither germane nor relevant, the matter should go back to the State Government for fresh disposal as it is not for this Court to direct a reference to be made.
Judge	Honble Mr. Justice Ranganath Misra
Neutral Citation	1987 INSC 11
Petitioner	V. Veerarajan & Ors.
Respondent	Government Of Tamil Nadu & Ors.
SCR	[1987] 1 S.C.R. 997
Judgement Date	1987-01-14
Case Number	3144

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