Sankari Cement Alai Thozhilalar Munnetra Sangam, T. N. : Management Of India Cement LTD. vs Government Of T. N. : Sankari Cement Alai Thozhilalar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(SC) 63

SUPREME COURT OF INDIA
A P Sen, D A Desai
SANKARI CEMENT ALAI THOZHILALAR MUNNETRA SANGAM, TAMIL NADU. APPELLANT
VERSUS
GOVERNMENT OF TAMIL NADU AND ANOTHER, RESPONDENTS. WITH
MANAGEMENT OF INDIA CEMENT LIMITED, PETITIONER
VERSUS
SANKARI CEMENT ALAI THOZHILALAR AND ANOTHER, RESPONDENTS. (REVIEW PETITION NO. 245 OF 1981).
Civil Appeal No. 537 (NL) of 1981 with Review Petition No. 245 of 1981, decided on February 2/October 20, 1981.

Headnote:
Industrial Disputes Act - Section 10 – Convince - Termination of Service - Petitioner Sought reference of industrial dispute arising from alleged invalid termination of service of workmen mentioned in petition under Section 10 of Industrial Disputes Act - Having regard to all relevant circumstances of case - Court are of opinion that state government is directed to make a reference of said industrial dispute to appropriate tribunal within four weeks from today – Held, Court hope that as matter is an old one Industrial Tribunal and/or Labor Court to which reference would be made shall dispose it as early as possible - Appeal is allowed

JUDGMENT

DESAI, J. - Having heard learned counsel for the respondent at length and M/s. A. V. Rangam and A. T. M. Sampath with their usual vehemence tried to convince us that there is no substances in the petition. We however remain unconvinced.

2. Petitioner Sought reference of the industrial dispute arising from alleged invalid termination of the service of workmen mentioned in the petition under Section 10 of the Industrial Disputes Act. Having regard to all the relevant circumstances of the case. We are of the opinion that the state government is directed to make a reference of the said industrial dispute to the appropriate tribunal within the four weeks from today. We hope that as the matter is an old one, the Industrial Tribunal and/or Labour Court to which reference would be made shall dispose it of as early as possible.

3. The appeal is allowed to the extent herein indicated. In the circumstances, there would be no order as to costs.

ORDER ON THE REVIEW PETITION

4. We have perused the review petition and the connected papers. we find no substance in the review petition. It is accordingly dismissed.

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