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1978 Supreme(SC) 35

D.A.DESAI, V.R.KRISHNA IYER
Delhi Administration – Appellant
Versus
Workmen Of Edward Keventers – Respondent


JUDGMENT

KRISHNA IYER, J.:— A very short question as to the scope of Section 10 (3) of the Industrial Disputes Act, 1947, arises for consideration in this appeal by special leave. The appellant, Delhi Administration, was faced with the question of referring several disputes, 16 in number, for adjudication under S. 10 (1) of the Act. The workmen had raised all these disputes although many of them were perhaps covered by an earlier settlement. We are not concerned with the facts of this particular case which have been set out at some length by the High Court in its judgment, but with a narrow issue as to when the power to prohibit a strike with which the State/appropriate Government is armed under S. 10 (3) of the Act can be put into operation. This turns on a reasonable construction of the provision itself and the best beginning is to quote the section itself. Section 10 (3) runs thus :

"Where an industrial dispute has been referred to a Board, (Labour Court, Tribunal or National Tribunal) under this section, the appropriate Government may by order prohibit the continuance of any strike or lockout in connection with such dispute which may be in existence on the date of the reference.








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