Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 12(4) 1947-Sections 10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Law: Industrial Disputes Act 1947- Sections 10; 12(4)-Reference of a state dispute -Rationality of-Respondent dismissed from service of the appellant Bank w.e.f 11/8/1971-After several years, respondent demanding his reinstatement contending that he was discriminated as two other employees of the Bank under similar situation were reinstated in the service of the Bank-Central Govt. making a reference under Section 10-Validity of-Held, Central Govt. lacked power to make reference both on the ground of delay in invoking the power under Section 10 and there being no industrial dispute existing or even apprehended at the time of reference-Though no time limit is prescribed for the exercise of power under Section 10 by the appropriate government, such power cannot be exercised at any point of time to revive matter which had since been settled or to refer stale disputes-Power of reference is to be exercised reasonably and in a rational manner and not in a mechanical fashion.Constitution of India, 1950-Article 226-Power of the High Court, under-Reference made under Section 10 of the Industrial Disputes Act-Judicial Review-Scope of-Held, reference made under Section 10 of the Act which does not take into consideration statutory requirements or F travels outside it, is subject to judicial review limited though it might be-High Court can exercise its powers under Article 226 of the Constitution to consider the question of very jurisdiction of the Labour Court when there is allegation of non-existence of any industrial dispute. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 2000 INSC 36 |
Petitioner | The Nedungadi Bank Ltd. |
Respondent | K.p. Madhavankutty And Ors. |
SCR | [2000] 1 S.C.R. 459 |
Judgement Date | 2000-01-28 |
Case Number | 638 |
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